TERMS & CONDITIONS
EFFECTIVE AS OF JUNE, 1, 2020
PLEASE READ THIS CAREFULLY. BY ACCESSING THIS WEBSITE AND PARTICIPATING IN THE MYLK SUPPLY SUBSCRIPTIONS, YOU AGREE TO BE BOUND BY ALL OF GENKI BEVERAGE PREPARING CO LLC’S TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT PARTICIPATE IN OUR SUBSCRIPTIONS.
The information and recommendations offered on this Site are for informational purposes only. It is your responsibility to educate yourself as to the contents and effects of the Cleanse, or any other lifestyle or dietary information provided. The Information and Services provided on this Site and by Genki Beverages Preparing Co LLC (“GENKI”) are not intended to replace the advice or care of a medical health professional, and your should consult your doctor before undertaking any lifestyle or dietary changes.
United Arab of Emirates (UAE) is our country of domicile.
The Information and Services provided by GENKI are not intended to cure, prevent or diagnose any disease or medical condition. The Information and Services are not intended to recommend any course of treatment for you. GENKI makes no assurances that the information or Services provided will meet your medical needs.
These terms and conditions apply to your access to and use of the GENKI website located at www.genkiuae.com (the “Site”), and your use of the information and other services provided on the Site or by GENKI, including Subscriptions (the “Services”). Neither the Site nor the Services are intended for use by anyone under the age of 18.
Each time you use the Site, you signify your acceptance and agreement of the then-current version of these terms and conditions, and certify that you are above the age of 18. If you are under the age of 18, you certify that you have parent or guardian permission to use the Site and Services, and your parent or guardian agrees to be bound by these terms and conditions:
CONSENT TO RECEIVE E-MAILS
By using the Site, you consent to receive e-mails from GENKI and its selected service partners, which may include commercial e-mails.
CANCELLATIONS AND REFUNDS
GENKI does everything possible to provide you with the freshest possible product at all times. Live, fresh plant-based mylk, cheeze and other foods must be treated with the utmost care and diligence in preparation. With our commitment to quality, our policy is that all cancellations or changes must be received no less than two (2) calendar days before your start date (48 hours). Example: If you are beginning your subscription on a Monday, any changes* or cancellations must be requested by Saturday at 8AM to avoid penalty. Otherwise no refunds OR credits will be issued. Any requests for a refund due to medical issues before, during or after a subscription, will be handled on an individual basis. Doctor's proof of condition is required.
Refunds will be done only through the Original Mode of Payment.
*Changes will be accepted once (for 4 week subscriptions) or up to 3 times (for 12 week subscriptions) within one subscription package and no more.
DELIVERY AND DROP-OFF OF PRODUCTS
GENKI shall not be responsible for the loss or damage of any products you purchase in connection with the Site or a Service after they have been dropped off at a safe delivery area of your choice. It is your responsibility to ensure GENKI’s access to your delivery area. If for whatever reason, the security or concierge at your building, if applicable, refuses to accept the delivery of GENKI’s products and/or deny entry to GENKI, GENKI shall not be responsible to re-deliver the products, and GENKI is under no obligation to provide you with a refund for the affected products. If delivery and/or entry is denied, then GENKI will make arrangements with you for your pickup of the products. GENKI shall not be responsible for delay or non-delivery of products due to natural disasters, weather storms, accidents, lockouts, breakdown of machinery, stoppage of labour, or other Acts of God.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, Genki Beverages Preparing Co LLC, Mylk Lab (TM) by Genki and GENKI logos, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of GENKI or its licensors and are protected by UAE and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only.
NO ADVICE, NO CLIENT RELATIONSHIP
The Site and the Services offered on the Site are for informational and demonstrative purposes only. The Site is not offering advice, recommendations, or an offer, solicitation or recommendation of any particular therapy, action or activity as suitable for you or your needs. You should always contact your physician/family doctor before beginning any new activity, therapy or other course of action. GENKI SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE OR THE SERVICES, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: YOUR USE OF THE SITE AND THE SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL GENKI OR ANY OF ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THESE SITE TERMS, THE TERMINATION OF THESE SITE TERMS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, OR YOUR USE OF ANY PRODUCT, THERAPY OR PROGRAM (INCLUDING THE SUBSCRIPTIONS) AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THESE SITE TERMS), ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL GENKI EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR OPINION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GENKI’S RECORDS, PROGRAMS OR SERVICES. IF, NOTWITHSTANDING THE ABOVE, GENKI IS LIABLE TO YOU OR ANY OTHER PERSON, THEN THE AGGREGATE LIABILITY OF GENKI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GENKI FOR ACCESS TO OR USE OF THE SITE OR ANY SERVICES.
THIRD PARTY CONTENT
GENKI may provide links to Web pages and content of third parties as a service to those interested in such links and content, and GENKI may post third party content to the Site (such content is collectively referred to as "Third Party Content"). GENKI does not monitor or have any control over and is not liable for any Third Party Content or third party Web sites. GENKI does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. GENKI does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility or liability to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. GENKI SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY THIRD PARTY CONTENT YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
THIRD PARTY SERVICES
The Site contains and provides information regarding or links to certain applications and services provided or offered by third parties, including featured service providers and service partners (collectively the "Third-Party Services"). GENKI is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, GENKI makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and GENKI assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and GENKI is not responsible or liable for any Third-Party Services.
ADVERTISEMENTS AND PROMOTIONS
GENKI may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GENKI, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GENKI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-GENKI advertisers on the Site.
If you make a payment for our products or services on our Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
APPLICABLE LAW AND VENUE
These Site Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the sovereign state of UAE applicable to agreements made and to be entirely performed within the sovereign state of UAE, without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the courts located in UAE and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND CONTACT INFORMATION
All other questions or comments about the Site or its contents should be directed to Customer Support at firstname.lastname@example.org.