Welcome to NuGenomics Web Application (hereinafter referred to as "App") The characteristics and features of services offered by the said App are detailed on www.nugenomics.in (hereinafter referred to as "Website") The said Website and App are owned and operated by Answer Genomics Pvt Ltd, a company incorporated under the provisions of Companies Act, 2013 ("The Company", "we", "us"). Website/App provides its Members (defined herein below) guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles thus enabling them to stay healthy. The Website/App acts as a platform to enable any user to register themselves on it voluntarily so as to generate either a one time or periodic NuGenomics Report(s) based on the genomics, anthropometry, diet, activity, lifestyle, medical & family disease history, and diagnostic data provided by the User. The Website/App functions as an intermediary as per Section 2 of Information Technology Act, 2000. The Service provided by the Website/App is for the personal use of individual members. Access to the Website/App is free however we also offer paid Memberships, detailed herein below
Types of Membership:
- Free Membership/Visitor- wherein the User shall only be able to generate a partial NuGenomics Report.
- One-time Paid Membership- wherein such User shall be able to generate a complete one time NuGenomics Report on submission of requisite information such as anthropometry, diet, activity, lifestyle, medical & family disease history etc for a payment of a one time fee mentioned on Website/App.
- Paid Subscription Membership- wherein such user shall be able to create NuGenomics Profile and able to track his health via NuGenomics analysis on submission of requisite information such as anthropometry, diet, activity, lifestyle, medical & family disease history etc.
- Corporate Customers shall be able to create NuGenomics Profile under which their employee can login and track their health.
- Details, fees/package for a paid membership are more specifically provided on the Website.
- For the purposes of this Agreement, the term "Member" shall mean and include the Users mentioned in Clauses A, B and C above i.e. a person who voluntarily submits information to the Website/App whether such person uses the Service as a free member/one time member or paid member ("Member") Member includes Corporate customers as well
- The information provided by you may be shared by us with labs for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/App, you expressly consent to such sharing of the information provided by you.
- This document is an electronic record in terms of the Information Technology Act, 2000 and rules there pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/App/Service.
- By using the Service, you consent to submit your personal identifiable information, to collect, process, display and use the said information required to provide the Service.
posted on the Website/App at the time of such use.
- The membership and rights of admissions are reserved
- Website/App Membership and rights of admission is reserved solely for:
- Indian Nationals & Citizens
- Persons of Indian Origin (PIO)
- Non Resident Indians (NRI)
- Foreign Nationals
- Further in capacity as Website/App Member you confirm that you are:
- 18 years or above
- If you are below the age of 18 years, you confirm that you have sought the consent/assistance of your parents/guardian before providing any personal information about yourself, your parents, or other family members on the Website/App
- You also confirm that all the information supplied by you is correct to the best of your knowledge.
- If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation, the Company reserves the right to cancel such membership and no refund shall be provided in the event of such cancellation.
- Any person desirous of becoming a Member of Website/App is expected to complete
the online registration process and furnish true/authentic/accurate information
required for said process.
- You further agree that you are solely responsible for any/all information provided by
you to Website/App and that the Company is under no obligation to verify the same.
- You will immediately notify NuGenomics of any unauthorised use of your user
identification code, by sending details of such unauthorised use via email to
- SMS Permission: We need SMS permission for authenticating transactions via OTP
for registration purposes and also for Payment Gateway authentication.
- You agree that your ability to log into your account is dependent upon external factors
such as internet service providers and internet network connectivity and we shall not
be liable to you for any damages arising from your inability to log into your account.
- If at any point of time the Company is informed by any third party or has reason to
believe that any information provided by you (including photos) during registration is
untrue, inaccurate or incomplete then the Company shall have the right to terminate
your Membership without providing any refund for any Membership fees paid.
Access to Website/App
The Company will only use your personal information/data in a fair and reasonable manner,
and where we have a lawful reason to do so. We may use/process your Personal
Information for the following purposes:
- You will not copy or distribute, any part of the Services in any medium or in any
manner whatsoever without the Company's explicit authorisation in this regard;
- You will not alter or modify any part of the Services other than as may be reasonably
necessary to use the Services for its intended purpose; and
- You will otherwise comply with the terms and conditions of this Agreement
Warranties provided by Member:
By Paying the fee and using the Services, you warrant that:
- All the data provided by you is accurate and complete;
- You shall maintain the accuracy of such information, and any changes thereto are to
be regularly updated by you
- You are eligible in accordance with applicable laws to enter into a binding contract
and are not a person barred from receiving the Services under applicable laws ; and
- You may use the Website/App and such Services provided thereunder only in
compliance with this Agreement and all applicable local, state, national, and
international laws, rules and regulations.
- We shall not be liable for any injury, damage or other consequence, health related or
otherwise arising out of any inaccuracy in the information provided by you on the
- You understand that the Company is not a medical organisation, and that the
NuGenomics Reports generated, recommended diet and workout and specific
exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
- You shall promptly provide the Company with any contact or billing information
changes or updates (including phone number, email address, credit card numbers,
etc.) by updating the same in your Account with Website/App
Mode of Payment
- Payment made by the Member by way of registration/membership /renewal fee/ auto
renewal is treated as non-refundable save and except in the circumstances
mentioned under our Refund Policy.
- In Case of Corporate Clients ,It is the responsibility of the company to make the
consolidated payment towards the service. If the tests are covered under Insurance
Claim then the Company will help coordinate with the insurance agency for the claim
- Payment once made for the Service cannot be assigned to any person/party or
adjusted towards any services/packages.
- Members who wish to opt for a paid Member may make the payment for the same by
way of Net Banking/Debit/Credit Card/available Mobile Wallets. Such payment made
towards paid Membership shall be in accordance with the prevailing RBI Guidelines.
Activation of your Account shall be subject to the realisation of the said payment.
- The Company uses third party payment gateways for collection of Debit/Credit card
or other payment instruments. In case of payment gateway failure the same would be
communicated to the Member by the gateway provider. The Company shall not be
responsible for Extra currency/conversion charges /deductions/error issues of the
payment gateway. In case of failed transactions, the Company offers no guarantees
for the accuracy or timeliness of the refunds reaching the Customer's card/bank
accounts through the payment gateway.
- Certain aspects of the Services may be provided for a fee or other charge. If you
elect to use paid aspects of the Services, you agree to the terms of sale, pricing,
payment and billing policies applicable to such fees and charges.
- Should you choose to upgrade any of the Services provided, through in-app
purchases, payment will be charged to your credit/debit card and net banking through
your iTunes account or Google Play Billing account at confirmation of purchase.
- The Company may add new services for additional fees and charges, or amend fees
and charges for existing services, at any time in its sole discretion.
No Cost EMI payment
By availing of the No Cost EMI offer, you agree to be bound by these Terms.
- Offer Description: The No Cost EMI offer lets you purchase a product at the original selling price, split into equal monthly instalments without any interest.
- Eligibility: The offer is available only to customers using credit cards from our partner banks and/or financial institutions as specified.
- Tenure Options: The No Cost EMI tenure options may vary depending on the product, partner bank, and the purchase value. Typical tenures are 3, 6, 9, and 12 months.
- Processing Fees: There may be a nominal processing fee for availing No Cost EMI, which will be informed at the time of purchase. This fee will be charged by the bank and not by Answer Genomics PVT LTD.
- Down Payment: Some high-value purchases might require a down payment, which will be clearly mentioned at the time of purchase.
- Pre-closure: Customers can choose to pre-close the EMI at any time without any additional charges. However, bank processing charges, if any, might apply.
- Cancellation & Refund:In case of order cancellation, the refund, if any, will be processed back to the card/account from which the original payment was made. Any interest already paid will not be refundable.
- Default:Failure to pay the monthly instalment might result in applicable penalties, as per the credit card terms of the respective bank.
- Exchange Offers:No Cost EMI cannot be clubbed with any other offers unless explicitly mentioned.
- No Cost EMI offer is available at the discretion of Answer Genomics PVT LTD and can be withdrawn or amended without any prior notice.
- The offer is available for select products and sellers only.
Tax Implications: Any tax liabilities or charges arising due to the offer shall be solely borne by the customer.
- Governing Law: These Terms are governed by the laws of Bengaluru, Karnataka, without regard to its conflict of laws principles.
- Disputes:Any dispute arising in connection with these Terms or the No Cost EMI offer shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka
- Indemnity: The customer agrees to indemnify and hold harmless Answer Genomics PVT LTD (and brand NuGenomics), its officers, directors, employees, affiliates and agents, from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with the customer’s use of the No Cost EMI offer in violation of these Terms.
- Waiver: Failure by Answer Genomics PVT LTD to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.
We reserve the right to change, modify, or terminate the No Cost EMI offer and these Terms without any prior notice. It's the responsibility of the customer to review these Terms periodically for updates.
- Members opting for a paid Account/Membership agree that the membership shall be
renewed as per the package selected for the duration and at the cost prevailing at
that point of time.
- Member can at any point of time, cancel their subscription by following the process
mentioned on the Website/App
- Membership renews automatically unless cancelled at least 24 (twenty four) hours
prior to the end of the subscription period. Please note all in-app purchases in excess
of Rs. 2,000 (Rupees Two thousand) per transaction shall be subject to additional
factor authentication as mandated by the Reserve Bank of India.
- We aim to protect your personal information through a system of organizational and
technical security measures and have implemented appropriate internal control
measures designed to protect the security of any personal information we collect/process.
- However, even with the greatest care we take in handling your data, breaches may
happen due to reasons outside our control, such as hacking, social engineering,
cyber terrorism, espionage by third parties, or any events by way of force majeure
such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or
industrial action of any kind, riots, insurrection, war or acts of government. Please
keep in mind, for all stated reasons, we cannot be held responsible.
- You are solely responsible for maintaining the confidentiality of your login credentials
designated by you during the registration. You are also solely responsible for all the activities that occur under your account
- The Company shall not be liable for any consequences arising from any unauthorized use of your account
- You also agree to notify us in the event of any disclosures/unauthorised use of your account or any other breach of security.
Non-Commercial Use by Members
- The Company will retain the information we collect from Members/Visitors even if
deletion thereof is sought under the following circumstances
- Organisations, companies and/or businesses who are not our corporate Client
cannot become Members of the Website/App and should not use Website/App and
Services provided thereunder for any purpose whatsoever.
- Illegal and/or unauthorised use of the Website/App including unauthorised framing of
or linking to the Website/App will be investigated and appropriate legal action will be
taken, including but not limited to civil, criminal and injunctive redress.
Restriction on Use Of Services
- You are not permitted to and shall not do any of the following acts, the breach of
which shall entitle the Company to terminate your use of the Services, without
prejudice to any other rights or remedies we may have against you:
- Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter
the Services and all content provided to you as part of the Services;
- Attempt to decompile, reverse engineer or otherwise disassemble any Service or
content provided to you as part of the Services or the Website or the App
- Attempt to copy any software provided to you as part of the Services or the
Website/App and in particular its source code, or attempt to decrypt any part of such
software that is provided to you;
- Create any derivative work or version of any software provided by us in relation to or
to facilitate your use of the Services or any content provided as part of the Services;
- Remove, from the Services or any content provided as part of the Services, any logo,
copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or
any other like marks affixed to or embedded in the Services;
- Use any of NuGenomics's domain name as a pseudonymous return email address;
- Access or use the Website/ App in any manner that could damage, disable,
overburden, or impair any of the Website/ App servers or the networks connected to
any of the servers on which the Website is hosted;
- Access or attempt to access any content that you are not authorized to access by
- Access the Website/ App through any other means other than through the interface
that is provided by us;
- Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App,
materials, system resources, or gain unauthorized access to the user accounts,
passwords, servers or networks connected to or accessible through the Website/App
or any affiliated linked sites.
Privacy of Membership
- The Website/App will take reasonable steps to protect and safeguard the
confidentiality of your personally identifiable information. However please keep in
mind that any information transacted over the Internet cannot be made absolutely
- The Company shall bear no responsibility whatsoever in the event any of Member's
personal information is disclosed due to unauthorized acts of third parties.
- You agree to keep your username and password confidential to avoid any misuse of
- You agree that, when you use third party services through our Website/App, you
hereby grant the Company the right to share your information needed for providing
such third party services to you in relation to processing your information for
Company's office use/its payment gateway and/or such third party service providers.
understanding of our privacy guidelines and policies
CONTENT LICENSE FROM YOU
- Some areas of the Services may allow Users to post news, feedback, comments,
Questions, data, documents, pictures and other information ("User Content"). You
are solely responsible for your User Content that you upload, publish, display, link to
or otherwise make available (hereinafter, "Post") on the Website/App and that the
Company will not review, distribute, or reference any such User Content except as
- By Posting any User Content on the Website/App, you expressly grant, and you
represent and warrant that you have a right to grant, to the Company a royalty-free,
sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license
to use, reproduce, modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative works of all such
User Content and your name, voice, and/or likeness as contained in your User
Content, in whole or in part, and in any form, media or technology, whether now
known or hereafter developed, for use in connection with the Service. You also
hereby grant each User of the Service a non-exclusive license to access your User
Content through the Services, and to use, reproduce, distribute, display and perform
such User Content as permitted through the functionality of the Website/App and
under this Agreement.
- You are solely responsible for your contributions to any online forum the Website/App
may offer through or as part of the Services ("Community Participation"), such as
and without limitation, responses to blog postings, bulletin board postings, and other
contributions to online discussions. By submitting to Community Participation you: (a)
represent to the Company, in each instance, that you either own or have the right to
display or transmit each and every element of your Community Participation, and that
your submission will not violate the legal rights or interests of any person or entity;
and (b) grant to the Company a perpetual, irrevocable, royalty free license to use
- your Community Participation, in each instance, as a whole or in any part, for any
business purpose, including without limitation, promotional, marketing and training
- You confirm and warrant to the Company that you have all the rights, power and
authority necessary to grant the above license.
- No Member shall publicly post/publish or privately transmit on the
Website/App any Content/Information that: belongs to another person and to
which the Member has no right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, hateful or racially, ethnically
objectionable , disparaging, encouraging gambling or otherwise unlawful in
any matter whatsoever
- impersonates another person (identity theft)
- Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age;
- Be harmful to minors;
- Infringe any intellectual property including copyright, database right or
trademark of any other person;
- Be such that it is known by you to be false, inaccurate or misleading;
- Be content for which you were compensated or granted any consideration by
any third party;
- contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
- Violate the provisions of the Indian Penal Code, 1861, the Information
Technology Act, 2000, Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules,
2011, notified vide Notification G.S.R 313(E) issued by the Ministry of
Communications and Information Technology or other applicable laws
containing offences relating to content that is publicly accessible;
- Threatens the unity, integrity, defence, security or sovereignty of India or its
relations with foreign states
- We hereby reserve the right to take down any content posted by you, which, in our
sole discretion falls under the above restrictions.
Breach Of Content Standards
- When a breach of the content standards (as stated above) has occurred, we may at
our discretion take such action as we deem appropriate. Failure to comply constitutes
8 and we may take any action legally available including all or any of the following
- Immediate, temporary or permanent withdrawal of your right to use the Services and
simultaneous termination/suspension of your account on the Website/App;
- Immediate, temporary or permanent removal of any contribution already posted on
the Website/App using the Services, upon your failure to cure the breach that is
brought to your notice;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis
(including, but not limited to, reasonable administrative and legal costs) resulting from
- Further legal action against you; and
- Disclosure of such information to law enforcement authorities as we reasonably feel
is necessary or as required by law.
- We hereby disclaim and exclude our liability for all action we may take in response to
breaches of these rules. The actions described above are not limited, and we may
take any other action we reasonably deem appropriate.
- Upon such termination/suspension of your account, you will no longer be able to
access your account or any content or data you have stored on the servers.
Linking To The Website
- You may link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation of the Company/Website/App
- You must not establish a link in a way that suggests any form of association, approval
or endorsement on our part where none exists
- The Website/ App must not be framed on any other site, nor may you create a link to
any part of the Website/App other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The Website/App from which you are linking must comply in all respects with the
content standards set out in these terms and conditions.
- These linked sites are under no way in control of the Company and we shall not be
held responsible for the contents of any linked sites, including without limitation to
any link contained in the linked site or any changes or updates to linked site. We
shall not be held responsible for any transmission whatsoever received by you from
any linked site. The Website/ App provides links to you only as a convenience and
the inclusion of any link does not imply endorsement by us or any association with its
operators or owners. You are requested to verify the accuracy of all information on
your own before relying on such information.
- If you wish to make any use of material on our Website/ App other than that set out
above, please address your request to: connects@NuGenomics.com.
Proprietary Rights in the Content on the Website/App
- The Website/App contains the copyrighted material, trademarks and other proprietary
information of the Company and its licensors.
- The Company owns and retains all proprietary rights in the Website/App and the
- Members are not at liberty to copy, modify, publish, transmit, distribute, display or sell
any such proprietary information.
- Any of the abovementioned acts shall constitute a violation of this Agreement and
your Membership shall stand terminated without providing any refund for any
Membership fees paid. The Company reserves the right to take legal action
(civil/criminal) in the event of such violations.
- You cannot post/distribute/reproduce any copyrighted material, trademarks or other
proprietary information without obtaining written consent from the owner of such
- The Website/App has registered Trademark, name, logo, design(s), slogan which is
The Company's sole intellectual property
- You agree to not use the Website/App's name, logo, design(s), slogan or any other
trademarks for any purpose whatsoever.
- You understand that unauthorised and wrongful use of any of the Website/App's
name, logo, design(s), slogan or any other trademarks shall be met with appropriate
- All right, title, and interest in and to the Services (excluding your Content) are and will
remain the exclusive property of NuGenomics Wellness Products and Services
Private Limited and its licensors. Any use of this Website/ App or its contents,
including copying or storing it or them in whole or part, other than for your own
personal, non-commercial use is prohibited without the permission of NuGenomics
Wellness Products and Services Private Limited.
- By accepting the use of terms hereunder you agree that the NuGenomics does not
transfer/assign the title to the Website/App to you, and nothing in these terms and
conditions shall imply or be deemed or construed to mean that any right, title and
interest (including but not limited to intellectual property rights) stands
transferred/assigned to you by NuGenomics, we retain the full and complete right,
title and interest to the Website/App, and all intellectual property, title and interest to
the Website/App, and all intellectual rights therein. You may not redistribute, sell,
decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any
manner which is contrary to this Agreement.
Term and Termination
- This Agreement shall be valid, effective and subsisting as long as you use our
- You are free to terminate your Membership with the Website/App at any point of time.
In the event you decide to terminate your Membership, you will not be entitled to a
refund of any unutilized subscription/membership fees paid by you.
- The Company may at any point of time terminate your Membership/access to your
inappropriate/prohibited communication or activity etc. by providing intimation on your
registered email address.
Arbitration of Disputes:
- The Parties agree that in the event of any dispute, they shall first attempt to resolve
the same peacefully and informally. We encourage you to reach out to us before
resorting to Arbitration
- If the dispute is not resolved within 30 days from the date of notifying us then such
dispute may only be resolved through a Single Arbitrator governed by the Arbitration
and Conciliation Act, 1996 amended from time to time. The place of Arbitration shall
be Bangalore and such Arbitration proceedings shall be conducted in English.
- You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers,
agents, partners and employees fully harmless from any loss, liability, claim or
demand made by a third party arising out of your use of the Service in violation of this
misrepresentations /fraudulent act on your part.
Limitation of Liability
- The material displayed on our Website/App is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law, we, our
Subsidiaries and Affiliates and third parties connected to us hereby expressly
- conditions, warranties and other terms, which might otherwise be implied by statute,
common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any
Member in connection with the Services, our Website/ App or in connection with the
use, inability to use, or results of the use of the Services or our Website/ App, any
websites linked to it and any materials posted on it, including, without limitation any
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable or
advised of the possibility of the same.
- Our liability to you shall under all circumstances be limited to a maximum of the
amount paid by you (if any) at the time of registration on our Website/ App to use the
- You must not misuse our Website/App by knowingly introducing viruses, trojans,
worms, logic bombs, time bombs, cancel bots, spyware or other material, computer
programming routines, codes, files or such other programs which ar malicious or
technologically harmful, or limit the interests of rights of other users or limit the
functionality of any computer software, hardware or telecommunications.
- You must not attempt to gain unauthorized access to our Website/ App, the server on
which our Website/ App is stored or any server, computer or database connected to
- You must not attack our Website/ App via a denial-of-service attack or a distributed
denial-of service attack.
- We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material due to
your use of our Website/ App or to your downloading of any material posted on it, or
on any Website/App linked to it.
Rights Reserved By the Company
- We have the right to disclose your identity to any third party who validly claims and
provides evidence that any material posted or uploaded by you to our Website/App
constitutes a violation of their intellectual property rights, or of their right to privacy.
- While we have no obligation to monitor your access to or your use of the Services (or
any feature or part of the Services), we have the right to do so for the purpose of
operating the Website/ App and providing the Services, to ensure your compliance
with these terms and conditions, or to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental body.
- Subject to the receipt of a complaint from a Member, we have the right (but shall
have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or
all content from any Service.
- and disclose any information as we reasonably believe is necessary to: (a) satisfy
any applicable law, regulation, legal process or governmental request; (b) enforce
these terms and conditions, including investigation of potential violations hereof; (c)
detect, prevent, or otherwise address fraud, security or technical issues; (d) respond
to user support requests; or (e) protect the rights, property or safety of Website/App,
its Users and the public.
- We reserve the right to introduce or change the prices of all Services upon 30 (thirty)
days' notice from us. Such notice may be provided at any time by posting the
changes to the terms and conditions of use or the Services on the Website/App itself.
- The Company shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Services.
- The Company reserves the right to refuse access to use the Services offered at the
Website to new Users or to terminate access granted to existing Users at any time
without any reasons for doing so. Use of the account is not available to any User who
is suspended or prohibited by the Company from using the Website/App or Services
for any reason whatsoever.
- We have the right to investigate and prosecute violations of these terms and
conditions to the fullest extent of the law and may involve and cooperate with law
enforcement authorities in prosecuting Users who violate these terms and conditions.
- Your profile may be deleted by us by informing you 24 (twenty four) hours in advance
without warning, or without any notice whatsoever, if we believe that you have
violated any of the conditions as mentioned under this Agreement or the Privacy