Terms and Conditions

The «MY GENIUS GUT» website is part of our commitment to providing you with information and tools that will equip you to live a more healthier life.

NOTE: The «MY GENIUS GUT» website is an information resource and should not be a substitute for medical advice, diagnosis or treatment.

«MY GENIUS GUT»’s Terms and Conditions explain our Site rules, terms and conditions. Please read the Terms of Service carefully before you use or register for this Site.

The following terms constitute an agreement between you and «MY GENIUS GUT», the operator of the Site (“we” or “us”). This agreement (“Terms of Service”) governs your use of the Site as a casual visitor.

By using the service, and/or by registering with us, you signify that you agree to these Terms and Conditions and that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in Johannesburg, South Africa any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site “AS IS” and without warranties.

1. About the Site

The Site contains a range of information and tools about health and wellbeing. Our content is written by us or writers we’ve commissioned, and there may also be user-generated content including blogs, group discussions, wellbeing goals, comments and product ratings. The content we write and commission is written by health and veterinarian experts and reviewed by health, veterinarian and regulatory experts before it is posted. Content submitted by users is not reviewed or verified by us. Everything we offer on the Site is referred to in these Terms of Service collectively as “the Services.”

2. Changes to These Terms of Service

We may change these Terms of Service at any time, as we deem appropriate. If we make changes we will let you know by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site, or if you have registered as a member, cancel your registration. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.

3. Privacy

Acino Pharma may share your personal information with Ipsen Group (including, without limitation, Ipsen Consumer Healthcare SAS and Ipsen Pharma SAS, legal entities incorporated in France with their registered address at 65, quai Georges Gorse – 92100 Boulogne-Billancourt, France) if:

  • You are reporting an adverse event about a product;
  • You are requesting medical information.

You can find more detailed information about how Ipsen process your personal information in these cases here.

4. Your Responsibilities

You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services or computer systems or networks, through hacking or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

5. Limitation on Use of Automated Tools

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.

6. Links to Other Sites

The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

7. Additional Terms

Certain Services on the Site may have additional terms (such as policies and guidelines) that will further govern your use of that particular service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

8. No Spam

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM.

9. Your Use of Content

All of the Content available on or through the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.

10. Linking To This Website

You generally do not need to obtain permission from «MY GENIUS GUT» to put a text link on your site that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.

11. Competitions

We may offer competitions on the Site. Competitions shall be governed by specific rules accessible from the page offering the competitions and will be presented to you at the time you choose to participate.

12. International Use

The Site, including the information provided on the Site, are designed for and intended for users in South Africa only. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside South Africa. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside South Africa you do so on your own initiative and you are responsible for compliance with local laws.

13. We Do Not Provide Medical Advice

This site and the services offer health and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counselling care. Developments in medical research may impact the health, fitness and nutritional information that appears here. No assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site and the Services does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

14. General Limitation of Liability

Your sole and exclusive remedy for any dispute with us or our contributors is the cancellation of your registration. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services.

15. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

16. Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

17. Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. Choice of Law and Location for Resolving Disputes

You agree that the law of Johannesburg, South Africa governs these Terms of Service and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Johannesburg, South Africa.

Last updated: September 2019


Privacy Policy

Your privacy is important. This information explains how we comply with South African privacy requirements.

Litha Pharma (Pty) Ltd’s system for complying with South African privacy requirements includes:

  • Our commitment to compliance with privacy requirements;
  • Our policy and approach to privacy, as explained in this information;
  • Our resources allocated to privacy, including our technology systems and services; and
  • Our people and the training and education we undertake.

Collecting your personal information

Depending on your involvement with «MY GENIUS GUT» we may collect personal information about you such as your name, your contact details, and other information about you such as your age and health.  

We collect this information when you contact us, or when we ask you for it and you, or others on your behalf authorised by you, provide it to us.

Where you prefer that we do not collect your personal information, we may not be able to assist you or provide services or undertake activities that we would otherwise provide or undertake.

Where reasonably possible, we seek to work with information and records from which personal information has been removed.

When we use and disclose personal information, in addition to complying with privacy laws and requirements, we comply with applicable laws including those relating to our products.

We also collect information that may or may not include your personal information, through technology and tools that tell us when a computer or device has visited or accessed our content. Those tools include services from search engines and other companies that help us to tailor our content, products and services to better suit consumers and customers. Search engines provide facilities to allow you to indicate your preferences in relation to the use of those tools in connection with computers and other devices controlled or used by you.

Using your personal information

Generally, we use your personal information for our activities and business, and in our efforts to expand and improve our business. Examples include:

  • Providing information about our products and services, including dealing with any enquiry or complaint;
  • Providing information to professional practitioners about our products and services, including about how our products might be of benefit to members of the public to whom they provide advice;
  • Operating programmes and forums in different media in which you are able to share information, including your personal information, with us and publicly (on the Terms applicable);
  • Providing you with marketing communications, newsletters and alerts, surveys and invitations and offers for products including new products that may be of interest to you (and if we do so, we will provide you with a way to opt out);
  • To administer and manage promotions and competitions;
  • To determine if you are eligible for certain products, services or programmes;
  • For a business or professional relationship we may have with you, if you apply for employment with us, to consider your application;
  • To evaluate our products and services, and conduct consumer research;
  • To amend records to remove personal information; and
  • For other everyday business purposes that involve use of personal information.

Storing and Disclosing your personal information

We use various systems and services to safeguard the personal information we store and use, as part of our business systems and processes.

Like many companies, these systems and services may be international in operation and include other parts of Litha Pharma (Pty) Ltd and our related companies or entities overseas. They may also be provided by other people and organisations assisting us with services, located both in and outside South Africa. 

When we pass on or share your personal information in this way, we take steps to ensure it is treated in the same way that we would treat it.

We do our best to keep records of personal information up to date and accurate and not to keep personal information that is no longer needed.

We sometimes have to pass on your personal information to third parties for legal or safety reasons or other special circumstances.

Contact with «MY GENIUS GUT» about your personal information

You may wish to contact «MY GENIUS GUT» to access your personal information, to seek to correct it or to make a complaint about privacy. You can contact us at:  Complaints_ZA@Acino.swiss

We will respond to your request for access to personal information we hold about you as soon as we reasonably can, including if we are unable to provide you with access (such as when we no longer hold the information).

We do not impose any charge for a request for access, but we may charge you a reasonable fee for our costs associated with providing you with access and retrieval costs.

For complaints about privacy, we will establish in consultation with you a reasonable process, including time frames, for seeking to resolve your complaint. 

Last updated: September 2019