1. INTRODUCTION
1.1 These Terms govern the use of the AllGenHealth Platform and Services by all Users. By accessing the AllGenHealth Platform, you agree to be bound by the following:
(a) The AllGenHealth Terms of Use found at https://allgenhealth.com/en/term-of-use/.
(b) These Terms.
(c ) The Privacy Policy is available at https://allgenhealth.com/en/privacy-policy/.
(d) For The Seller, policies are available within the Seller Centre or provided to the seller when registering.
These Terms include any amendments, revisions, updates, or modifications made by us from time to time.
1.2 We reserve the right to make Changes to these Terms at any time. The Changes will be effective upon posting on the AllGenHealth Platform without further notice. By continuing to use the AllGenHealth Platform, you are deemed to have agreed to the Changes. It is your responsibility to regularly review the most current version of the Terms at https://allgenhealth.com/en/term-of-use/.
1.3 By accessing the AllGenHealth Platform, you affirm that:
(a) You are of legal age and have the full capacity and legal competence to enter into and be bound by these Terms.
(b) If you are the parent or legal guardian of a person using the AllGenHealth Platform, you agree to these Terms on their behalf and will ensure their compliance with these Terms.
1.4 By accepting these Terms, you declare that:
(a) You have reached the legal age and possess the full capacity and legal competence to enter into and be bound by these Terms.
(b) If you are the parent or legal guardian of a user of the AllGenHealth Platform, you agree to these Terms on their behalf and undertake the responsibility to ensure their adherence to and compliance with these Terms.
1.5 If you have not attained the legal age or lack the necessary legal competence, you must obtain explicit permission from your parent(s) or legal guardian(s) before creating an account on the AllGenHealth Platform. In the case where you are the parent or legal guardian of a minor who is creating an account, you must accept and abide by these Terms on behalf of the minor, assuming full responsibility for their actions and any charges arising from their usage of the AllGenHealth Platform or Services. Failure to obtain consent from your parent(s) or legal guardian(s) requires you to cease using or accessing the AllGenHealth Platform and Services.
2. USING THE ALLGENHEALTH PLATFORM
2.1 The AllGenHealth Platform enables Users to upload User-Generated Content (UGC), which includes, but is not limited to: (a) general comments on the AllGenHealth Platform; (b) product reviews; (c) product recommendations; (d) 'Before & After' effects of products; (e) short videos; (f) product usage guides; and any other feature, tool, or mechanism that we introduce on the AllGenHealth Platform.
UGC will be published on the AllGenHealth Platform and made accessible to Users.
2.2 You acknowledge and understand that we solely provide a platform for Users to upload Content. You agree that your access to the Content is at your own risk, and any decisions you make to view or access the Content, or to engage in the purchase or sale of any product or service based on the Content, are solely between you and the provider of such Content. You bear sole responsibility and liability for all Content that you upload or make available on the AllGenHealth Platform.
2.3 The AllGenHealth Platform may include links to third-party websites that are not owned or controlled by us. We have no control over the content, privacy policies, or practices of these third-party websites. We do not endorse or assume any responsibility for the content or activities of such websites. Your use of third-party websites is at your own risk, and you release us from any liability arising from your use of any third-party website.
2.4 The determination of Users' eligibility to access and utilize the features, tools, and services offered on or through the AllGenHealth Platform, including the viewing and uploading of Content, is within our jurisdiction. Any unauthorized use of another person's account is strictly prohibited. You are solely responsible for the activities conducted through your account and must prioritize the security of your account password. In the event of unauthorized account usage, you may be held liable for any losses or damages suffered by us or third parties.
2.5 You must adhere to all relevant laws, regulations, policies, and guidelines, and obtain any required regulatory clearances (such as permits or approvals for product advertisements) before uploading any Content to the AllGenHealth Platform.
3. YOUR CONTENT
3.1 You confirm that you have the necessary rights and permissions to publish the Content that you submit. Except for AllGenHealth Professionally Generated Content (PGC), you grant us a license to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in such Content for its publication on the AllGenHealth Platform according to these Terms.
3.2 When uploading Content to the AllGenHealth Platform, you acknowledge that you own the copyright to the material. If the Content includes copyrighted material owned by a third party, for which you do not possess the rights, you must obtain the copyright owner's permission before uploading, sharing, or distributing the Content on the AllGenHealth Platform.
3.3 Except for AllGenHealth PGC, you maintain ownership rights over your Content. However, by using the AllGenHealth Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable perpetual license. This license allows us to use, store, reproduce, share, display, modify, distribute, create derivative works, perform, and communicate your Content for the purpose of providing the Service and promoting our business (including our parent company's successors and affiliates'). This includes the promotion and distribution of the AllGenHealth Platform and/or the Service (including derivative works) through various media formats and channels.
3.4 AllGenHealth retains full ownership rights over all AllGenHealth PGC uploaded to the AllGenHealth Platform.
3.5 Additionally, you grant other Users of the AllGenHealth Platform a non-exclusive license to access your Content, through the AllGenHealth Platform. Users are authorized to use, reproduce, distribute, display, perform, and/or communicate your Content to the public within the functionalities of the AllGenHealth Platform and in accordance with these Terms.
3.6 The licenses granted by you are perpetual and cannot be revoked.
3.7 You agree that the Content you upload on the AllGenHealth Platform will not infringe upon third party copyrights or other intellectual property rights unless you have obtained proper permission from the rightful owner or are legally authorized to post such material and grant us the license rights stated in these Terms.
3.8 AllGenHealth does not endorse any Content uploaded to the AllGenHealth Platform or the opinions, recommendations, or advice expressed therein by users or licensors. We explicitly disclaim any liability associated with such Content.
4. PROHIBITED CONTENT
4.1 You must refrain from uploading or making available any Prohibited Content.
4.2 In addition to the above, you must adhere to the following restrictions:
(a) No offensive content, including defamatory, violent, cruel, nude, sexual, pornographic, degrading, soliciting, offensive language, or hate speech. Similarly, content that is indecent, obscene, false, or offensive in nature, irrespective of intent to annoy, abuse, threaten, or harass any individual, is strictly prohibited.
(b) No content suitable for users under the age of 18.
(c ) No content promoting terrorism or related activities.
(d) No content referencing physical, mental, or sensory disabilities.
(e) No content encouraging unlawful acts, violence, or the sale or consumption of narcotics, psychotropics, or other addictive substances.
(f) No inflammatory, subversive, or seditious content that incites conflict against the country, its constitution, government, or laws. Additionally, content that promotes conflict between groups, ethnicities, races, religions, or genders, or degrades religious or cultural beliefs, is strictly prohibited.
(g) No gambling-related content, including games, lotteries, sports betting, astrology, or fortune-telling.
(h) No content involving minors without written consent from their parent or legal guardian.
(i) No content related to or promoting prohibited or banned material under any law.
(j) No content infringing intellectual property rights or causing confusion regarding relationships with other organizations or individuals.
(k) No impersonation of organizations or individuals without written consent.
(l) No content promoting political messages.
(m) No content violating data protection and intellectual property laws.
(n) No misleading, false, exaggerated, or deceptive content, including content that misrepresents the price of a product or makes false claims about limited availability or free gifts.
(o) No use of words such as "best," "number one," "proven," or "top-grade" unless permitted by applicable laws, regulations, policies, or guidelines.
(p) No direct comparison of prices, quality, or efficiency of your products against other products unless permitted by applicable laws, regulations, policies, or guidelines (for Sellers).
(q) No spam, phishing, or fraudulent content.
(r) No content that violates the Policies, including the AllGenHealth Community Policy and Community Guidelines.
(s) No content that causes significant misunderstanding about the goods or services, including false or exaggerated use of technical reports, statistics, or other information.
(t) No content that directly or indirectly supports the violation of law or moral standards or contributes to the cultural devaluation of the nation.
(u) No content that promotes division or prejudice that undermines the unity of the people.
4.3 For Content involving physical stunts with a risk of injury or property damage, prominently display the words "Do Not Attempt" or similar meaning.
4.4 We strictly prohibit copyright infringement and the violation of intellectual property rights on the AllGenHealth Platform. If we receive a valid notice of intellectual property infringement, we will remove the infringing Content in accordance with relevant intellectual property laws.
4.5 We reserve the right to remove any Content, take necessary enforcement actions (as outlined in the Policies), report to regulatory authorities or law enforcement agencies, and seek other available remedies under the law. Such actions may be taken without prior notice or providing a reason.
4.6 You acknowledge that AllGenHealth is not liable for any losses or damages resulting from its decision to remove Content or take actions mentioned in paragraph
5. SOFTWARE LICENSE AND PROPRIETARY RIGHTS OF ALLGENHEALTH
5.1 All intellectual property rights, whether registered or unregistered, in the AllGenHealth Platform, including AllGenHealth PGC, information content, website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their arrangement, software compilations, underlying source code, and software (collectively referred to as "Intellectual Property"), are owned by us, our affiliates, or third-party intellectual property owners. The entire content of the AllGenHealth Platform is protected under applicable intellectual property laws.
5.2 You are not permitted to copy, reproduce, distribute, license, transfer, publish, or deal with the AllGenHealth Platform, Intellectual Property, or Contents, in any form or manner, except as expressly permitted by the Terms. You are prohibited from disassembling, decompiling, or reverse engineering the AllGenHealth Platform.
6. RESTRICTIONS IN USING THE ALLGENHEALTH PLATFORM
6.1 AllGenHealth grants you a non-exclusive, non-transferable, and revocable right to use the AllGenHealth Platform in accordance with these Terms. However, when using the AllGenHealth Platform, you must refrain from the following actions:
(a) Downloading or recording the Content unless a "download" button or hyperlink is provided on the AllGenHealth Platform. Making unauthorized copies, modifying, adapting, translating, reverse engineering, disassembling, decompiling, or creating derivative works of the AllGenHealth Platform or any Content. This includes any files, tables, or documentation, or attempting to access or determine any source code, algorithms, methods, or techniques used in the Services.
(b) Distributing, licensing, transferring, or selling the AllGenHealth Platform or any derivative works, in whole or in part.
(c) Using the AllGenHealth Platform for any commercial or unauthorized purpose without our express written consent, including engaging in commercial advertisements, solicitation, or spamming.
(d) Impersonating any person or entity, or falsely representing yourself or your affiliation with any person or entity. This includes creating the impression that any content you upload, post, transmit, distribute, or make available originates from the AllGenHealth Platform.
(e) Engaging in intimidation, abuse, annoyance, harassment, or promoting sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(f) Unauthorized use or attempted use of another person's account, service, or system, or creating a false identity on the AllGenHealth Platform.
(g) Using the AllGenHealth Platform in a manner that undermines its purpose, such as engaging in review trading with other users or writing or soliciting fake reviews.
(h) Using or initiating any automated system, such as "robots" or "spiders," to upload, transmit, distribute, store, or make available files that contain malicious or technologically harmful material, including viruses, trojans, worms, logic bombs, or any other harmful content. This includes unauthorized access attempts to any part of the AllGenHealth Platform that we have not expressly authorized. You are also prohibited from using any automated system or software that may overload the servers of the AllGenHealth Platform or AllGenHealth Content Service, including conducting Distributed Denial-of-Service Attacks.
(i) Circumventing the internal operations, including security features, of the AllGenHealth Platform. This includes modifying the coding or interface of the AllGenHealth Platform or AllGenHealth Content Service.
(j) "Doxing" or disclosing personal information of other users on the AllGenHealth Platform, such as names, email addresses, addresses, and phone numbers.
(k) Promoting products sold on websites, applications, or platforms other than the AllGenHealth Platform.
(l) Participating in or allowing fraudulent activities against Users, AllGenHealth, or third parties. This includes using bots or technology to artificially increase views, followers, sales, or manipulate and falsify data.
(m) Promoting or facilitating the sale of counterfeit goods or products that infringe on the intellectual property rights of third parties.
(n) Uploading, sharing, or distributing Content that may disrupt other users' use of the AllGenHealth Platform, AllGenHealth Content Service, or harm the reputation and goodwill of Allgenhealth.
7. WHAT WE CAN DO IF YOU INFRINGE THESE TERMS
7.1 In the event that the Content on the AllGenHealth Platform or the use of the Services provided by AllGenHealth violates applicable laws, these Terms, or our Policies, we may take the following measures, without prejudice to our other rights and remedies:
(a) Immediate removal of the Content;
(b) Deletion of any or all saved Content;
(c) Suspension or termination of your account;
(d) Temporary or permanent ban from the AllGenHealth Platform or use of the Service;
(e) Implementation of any other necessary actions against you or any accounts registered with AllGenHealth, including imposing non-compliance points on violating Sellers and reversing any transactions carried out by the infringing Users on the AllGenHealth Platform.
7.2 We reserve the right to remove any Content you upload to the AllGenHealth Platform or disable access to it for any reason, including:
(a) Our determination that the Content is Prohibited Content, at our sole discretion;
(b) Receipt of a request from any authority to remove the Content;
(c) Receipt of a complaint from other users regarding the Content.
7.3 While you retain ownership of your Content, if you violate these Terms, we have the right to modify your Content (including editing, cropping, or other alterations) and use or distribute your Content (whether modified or not) at our sole discretion, without your permission. In case that you would like to appeal against the use of the content, you can contact us via [email protected].
7.4 By uploading Content to the AllGenHealth Platform, you grant us the permission to disclose your identity (including any details you have provided when opening your account on the AllGenHealth Platform) to third parties.
8. YOUR PERSONAL DATA
Your personal data will be processed in accordance with our Personal Data Policy, which can be found at https://allgenhealth.com/en/privacy-policy/.
9. INDEMNITY
You are responsible for any loss or damage we may suffer as a result of your violation of these Terms and/or our Policies. You also agree to defend, indemnify, and hold us, our related companies, officers, directors, employees, and agents harmless from any claims, losses, and liabilities arising from your use of the AllGenHealth Content Service or AllGenHealth Platform or your breach of these Terms and/or applicable Policies. We may also take control of any matter subject to indemnification by you, and you must cooperate with us in providing any defenses and indemnify us for any legal fees we may incur. If a Seller fails to fulfill their obligations or commitments to a User via Content, as determined by AllGenHealth, we have the discretion to refund, provide, or pay the Buyer any amount, consideration, or prize owed to them, including through the issuance of vouchers. We have the right to deduct such amount from any payments due to the Seller, including payouts and payments collected on their behalf.
10. LIMITATION OF LIABILITY
10.1 The AllGenHealth Platform, Services, and all data and information contained therein are provided on an "as is" and "as available" basis. AllGenHealth does not provide any warranties, claims, or representations of any kind, whether expressed, implied, or statutory, regarding the AllGenHealth Platform and Services, including warranties of non-infringement, title, merchantability, satisfactory quality, or fitness for a particular purpose. The data and information on the AllGenHealth Platform and Services are provided for informational purposes only.
10.2 We do not guarantee that the AllGenHealth Platform, Services, or their functions will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. We do not warrant that any defects will be corrected or that the AllGenHealth Platform or the server hosting it are free from harmful components, such as viruses or malware.
10.3 AllGenHealth, including its officers, employees, directors, agents, contractors, and assigns, shall not be liable to you for any losses arising directly or indirectly from:
(a) Your access, use, or inability to use the AllGenHealth Platform or the Services;
(b) Your reliance on any data or information provided through the AllGenHealth Platform or Services. It is advisable to independently verify the contents before taking any action based on such data or information;
(c) Any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious code that may cause damage;
(d) Your use of or access to any other website or webpage linked to the AllGenHealth Platform, even if the possibility of such issues was anticipated or advised.
10.4 You assume all risks associated with the use of the AllGenHealth Platform and/or Services, including any potential misunderstandings, errors, damages, expenses, or losses. We are not liable for any such risks.
11. INTERPRETATION
11.1 In these Terms: "Buyer" refers to a registered buyer on the AllGenHealth Platform. "Content" encompasses various forms of media such as sound, music, text, images, photos, videos, software programs, codes, or combinations thereof, that can be viewed, posted, shared, or uploaded on the AllGenHealth Platform. This includes interactive user-generated content (UGC), AllGenHealth PGC, UGC, and user interactions such as comments and reviews posted on the AllGenHealth Platform.
"AllGenHealth Content Service" pertains to activities such as viewing, accessing, posting, sharing, or uploading any Content on the AllGenHealth Platform "AllGenHealth PGC" refers to Content, that is created by third parties commissioned or hired by Allgenhealth.
"AllGenHealth Platform" encompasses the website www.allgenhealth.com, any other internet domain owned by AllGenHealth or its affiliates.
"Policies" refer to the rules, guidelines, terms and conditions, etc. that apply to Users when using the Services, AllGenHealth Platform, Seller Center, Tools, and other AllGenHealth properties. These may be found on the AllGenHealth Platform or Seller Center or communicated by AllGenHealth from time to time. This includes the Privacy Policy.
“Prohibited Content” means any content that is:
Content may be considered inappropriate and subject to removal from the AllGenHealth Platform if it is:
(a) in violation of any laws, regulations, or government guidelines;
(b) classified as prohibited content according to clause 4;
(c) in violation of AllGenHealth's Policies, including the AllGenHealth Community Policy and Community Guidelines; or
(d) deemed unsuitable for the AllGenHealth Platform at AllGenHealth's absolute discretion.
"Seller" refers to a user on the AllGenHealth Platform who offers or sells products to buyers, including third-party vendors. AllGenHealth may also act as a seller for certain products.
"Seller Center" is a tool provided by AllGenHealth for sellers to manage their operations on the AllGenHealth Platform and access services and tools. It can be accessed at https://seller.allgenhealth.com/.
"Services" refers to the services, information, and functions provided by AllGenHealth or its affiliates on the AllGenHealth Platform, including the AllGenHealth Content Service. When these Terms mention the AllGenHealth Platform, it also includes the Services or any of its components, unless otherwise specified.
"Terms" refers to these terms and conditions. These Terms should be read in conjunction with AllGenHealth's Terms of Use, available at https://allgenhealth.com/en/term-of-use/, which constitute the agreement between you and us regarding the use of the AllGenHealth Platform and the Services. In the event of any conflict between these Terms and AllGenHealth's Terms of Use, these Terms shall govern the regulation of any Content on the AllGenHealth Platform.
"Third Party Vendor" refers to a seller who, with AllGenHealth's authorization, utilizes the Platform and/or Services to sell Products to Buyers, excluding Allgenhealth.
"Tools" encompasses any tools provided by AllGenHealth or its affiliates to facilitate your access to and use of the Services.
"UGC" stands for User-Generated Content, which refers to any Content created by Users and made available or viewable on the AllGenHealth Platform.
"User" refers to any individual who utilizes the AllGenHealth Platform and/or the Services, including Sellers and Buyers on the AllGenHealth Platform.
