Conditions of Sale and Services
Last updated: August 2022
1. About Beyond Age and these Conditions of Sale and Services
Beyond Age GmbH has its registered offices at Buchholzstrasse 51, 8053 Zurich, Switzerland. In these Conditions of Sale, we use “Beyond Age” and “we“, “us” and “our” to refer to this company, its parent company, its affiliated companies.
These terms and conditions apply to any sales of products or services (“Conditions of Sale and Services”) that you may order from Beyond Age, including on our websites and associated mobile or digital applications, such as beyondage.life (together the “Platforms”).
These Conditions of Sale and Services also review the risks and limitations of you, as the person who has created a user account or placed an order with Beyond Age (referred to as the “User”, “you” or “your”), using the products and laboratory services provided by Beyond Age (the “Products and Services”). It also explains how your information and sample(s) will be used for and after performance of the Products and Services.
3. Voluntary Participation
Our Products and Services are offered and available to users who are residents in the country or countries that are identified when placing an order. Your use of the Products and Services is voluntary. It is your choice whether to utilize our Products and Services or not.
By placing an order with Beyond Age, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
4. Orders & Subscriptions
Our main product & service is a monthly subscription. The subscription for each calendar month is always charged and renewed the 25th of the previous calendar month. Users can choose to cancel subscription orders and renewals at any time before it is charged.
We reserve the right to refuse, cancel and terminate orders & subscriptions at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale and Services.
5. Prices & Taxes
All prices shown on the product pages of the Platforms are in Swiss Francs (CHF) and include the applicable VAT but exclude other taxes unless otherwise stated.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of our products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you. However, it is always possible that, despite our reasonable efforts, some of the Products and Services offered through our Platforms or delivery costs may be incorrectly priced. If any of the Products and Services you place an order for or any delivery costs are incorrectly priced, we will inform you as soon as possible of this error. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the Product and Service and refund you any sums you have paid.
We accept the methods of payment identified as part of the order process via the Platforms. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When ordering on the Platforms, you will need to enter your payment details on the appropriate form. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment authorization and to authorize individual purchase transactions.
7. Blood & Epigenetic Tests
Our products & services may optionally include blood and / or epigenetic testing. The blood test is provided by Biostarks Europe SARL (Geneva, Switzerland) and the epigenetic test is provided by TruDiagnostic LLC (Kentucky, USA) (together "Test Providers"). When ordering a test from Beyond Age, we will anonymously register an account on your behalf. Beyond Age will not disclose any of your personal information such as name, email, and address to the Test Providers. The terms and conditions from Test Providers may apply. Whenever you no longer wish to use our service you may choose to take over your accounts at the Test Providers or instruct us to delete them.
In order to utilize our tests, you must collect the appropriate quantity of biological sample(s) for the test(s). Our tests require the collection of a blood sample with at least 3-4 drops of blood. Although the risks and discomforts associated with a blood draw are very low, you might be at risk for excessive bleeding, fainting, feeling light-headed, bruising, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken). If you have a history of excessive bleeding, fainting while having blood work done, hemophilia or anticoagulant treatment, we advise avoiding our tests that require self blood collection.
WE DO NOT PROVIDE MEDICAL DIAGNOSTIC OR ADVICE. The information and content provided, including but not limited to text, graphics, images, videos, and other material contained in the Products and Services, are for informational purposes only and are not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via our Site. Nothing contained in the Products and Services is intended to constitute a medical diagnosis or treatment. Reliance on any information appearing in the Products and Services, including but not limited to information provided by Beyond Age or by other users of the Products and Services, is solely at your own risk. By clicking your acceptance, you understand and agree that your results are not intended to be used for any diagnostic purposes and are not a substitute for professional medical advice. You understand that our Products and Services are for information and educational use only; Beyond Age does not provide medical services, diagnosis, treatment, or advice.
Beyond Age does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, content, services or other information provided through the Products and Services or on the Internet generally. Beyond Age and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country of residence.
Science and our knowledge of compounds and biomarkers are constantly changing. New information may replace or add to the information that we used to create our service and interpret your test results. We are not obligated to notify you if there is a new understanding of compounds and biomarkers that might result in a change to our service or the interpretation of your test results. We reserve the right to contact you, at our option, in the future.
11. Legal Agreement
12. Limitation of liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Products, Services and Platforms, whether express or implied by law or otherwise arising from usage or trade practice.
Nothing in these Conditions of Sale and Services limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale and Services, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of your order.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
13. General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Beyond Age’s products and services and in certain cases to present products for sale via a variety of means. Beyond Age makes no representation that Beyond Age Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Beyond Age Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Conditions of Sale and Services is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale and Services, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale and Services shall not be affected, unless otherwise required by operation of applicable law.
These Conditions of Sale and Services constitute the entire agreement between the User and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Beyond Age of a breach of any provision of these Conditions of Sale and Services will not operate to be interpreted as a waiver of any other or subsequent breach.
If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale and Services.
15. Updates to these Conditions of Sale and Services
We may make changes from time to time to these Conditions of Sale and Services so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale and Services will always be available on the Platform. Any new version of these Conditions of Sale and Services shall take effect and will govern the use of the Platform and your relationship with us immediately from the date of posting. By continuing to use any of the Platforms, you agree to be bound by the terms of these updates and amendments.
16. Applicable law and jurisdiction
These Conditions of Sale and Services shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale and Services, including the validity, invalidity, breach or termination of the Conditions of Sale and Services, shall be adjudicated or arbitrated in accordance with the Conditions of Sale and Services.
You may bring proceedings against us either in the courts of Zurich, Switzerland, or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a court, you and Beyond Age will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale and Services or any breach thereof.
If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform.
17. Contact us
If you have any questions or comments about these Conditions of Sale and Services, or matters generally, please contact us at the following address: Beyond Age GmbH, Buchholzstrasse 51, 8053 Zurich, Switzerland. Email address: email@example.com