Terms of service
The Body Granola Personal Food Program (hereafter, “Body Granola”) is a service that provides intestinal microbiome testing and a granola sales subscription based on the concept of “Listening to your body to provide the right granola for you.” Calbee, Inc. provides this service to customers based on the following Terms of Use. By using Body Granola, you are deemed to have agreed to these Terms of Use. Please read the following carefully.
Article 1 (Definitions)
The following terms used in the Terms of Use shall be defined as below:
1) “Terms of Use”: The terms and conditions that govern the use of the website and Body Granola.
2) “The company”: Calbee, Inc.
3) “The customer”: All customers who use the website or Body Granola.
4) “The website”: The Body Granola website.
5) “Individual Terms”: The rules or relevant terms and conditions posted in the User Guide or elsewhere on the website.
Article 2 (Scope of Application)
1) These Terms of Use shall apply to all customers who use the website or Body Granola.
2) The Individual Terms shall constitute a part of these Terms of Use. In the event that the content of these Terms of Use differs from the content of the Individual Terms, the Individual Terms shall take precedence.
Article 3 (Updates to the Terms of Use)
1) The company may amend the Terms of Use and the Individual Terms in cases where it is in the general interest of the customer, if deemed necessary for business continuity, for changes in economic conditions, changes due to other circumstances, or for any other reasonable grounds.
2) If the company changes the Terms of Use, the Individual Terms, or any other accompanying terms and conditions, the revised content will be published on the website, with the revisions coming into effect from the time of publication. If the customer continues to use the website or Body Granola, they will be deemed to have accepted said changes.
Article 4 (Responsibility to Manage Login ID and Password)
1) The customer shall be wholly responsible for the management and use of the login ID and password issued at the time of registration.
2) Whether intentional or due to negligence, any and all actions taken on the website using a customer's login ID and password are the responsibility of the customer, and will be deemed to have been carried out by said customer.
Article 5 (Use of Partner Services)
The website may display links to partner services. The customer may log in to Body Granola through said partner services provided the customer understand the following terms.
i. Partner services are provided and operated by third parties. The company assumes no responsibility for said services, including but not limited to, their accuracy, completeness, timeliness, effectiveness, legality, appropriateness or quality. When using partner services, the customer must agree to each individual service’s Terms of Use and use them at their own risk.
ii. If the customer wishes to no longer connect to the website via a partner service, they need to follow the prescribed procedure as outlined by said partner service. Please note that cancelling the link may result in the loss of access to certain Body Granola services.
Article 6 (Disclaimer)
1) The results of the Body Granola test are greatly influenced by the customer’s daily diet and lifestyle.
2) Body Granola aims to support the diet of the customer based on the results of an intestinal microbiome test that visualizes the state of the customer’s intestinal and oral bacterial biome. Body Granola is not intended to improve the customer’s intestinal environment and makes no warranty in this respect.
3) Body Granola is not intended as a medical treatment, nor is it intended to detect, diagnose, treat or prevent any disease. If the customer receives medical treatment or advice from a doctor or specialist, they should follow their instructions.
4) The company cannot guarantee 100% accuracy or completeness of the test, and assumes no responsibility for any errors or failure to obtain results stemming from the quality or condition of the sample provided by the customer.
5) The presence of contaminants in the customer’s sample, such as blood, may compromise the accuracy of results.
6) Body Granola is not intended for pets or animals.
7) The company assumes no responsibility for any misuse of the components of the test kit that is not in accordance with the instructions.
8) While the company will take the utmost care in handling samples, request forms and test results received from the customer, the company assumes no responsibility nor will provide any compensation for any loss of these items due to natural disasters, calamity, fire, labor strike, war, civil unrest, or other acts of God, nor for any damage incurred during shipping between the customer and AMILI PTE.LTD（Testing institution for intestinal microbiome）.
9) Where the Body Granola test kit or related products fall within any regulated category under Singapore law (including but not limited to the Health Sciences Authority’s requirements for medical devices, food products or other consumer goods), the company shall ensure that such products comply with applicable registration, licensing and labelling requirements. The customer should review product packaging and instructions carefully and direct any regulatory queries to the company.
Article 7 (Provision of the Service)
1) The service provided is based on customer information registered on the website. Please note that membership registration is required to use Body Granola.
2) Body Granola is available exclusively to residents of Singapore, and products can only be shipped within Singapore in compliance with local laws.
Article 8 (Ordering, Cancellation, Returns and Refunds)
1) Please see the User Guide for information on ordering, payment, delivery and outstanding orders.
2) Customers are entitled to cancel orders or request returns and refunds in accordance with the Consumer Protection (Fair Trading) Act 2003 (CPFTA) and its subsidiary legislation. The company shall clearly inform customers of:
i. the circumstances under which cancellations, returns and refunds may be made,
ii. the process for exercising such rights, and
iii. any exceptions permitted under applicable law (for example, for perishable goods).
Article 9 (Conclusion of Sales Contract)
Sales for Body Granola products are concluded when the company sends an email confirming both the completion of payment and the conclusion of the sales contract (hereafter, the ‘Contract Conclusion Email’). Upon receiving an order, the company will automatically send an order confirmation email acknowledging receipt of the order; this acknowledgment does not constitute acceptance of the customer’s offer nor a promise to conclude the sale. The company reserves the right to decline any order prior to sending the Contract Conclusion Email. For avoidance of doubt, a sales contract is deemed concluded at the time the Contract Conclusion Email is dispatched to the customer’s designated email address.
Article 10 (Administering the Test)
1) The company outsources the intestinal microbiome test for Body Granola to AMILI PTE.LTD..
2) The customer may be disqualified from taking or receiving results from the intestinal microbiome test in any of the following cases:
i. The customer does not consent to the terms necessary for the test
ii. The testing kit ID registered on the website differs from the ID on the testing kit received
iii. The customer does not send the testing kit to AMILI PTE.LTD. by the specified date
iv. The sample condition is deemed unsuitable for analysis
v. The sample is suspected to not belong to the customer
vi. The customer violates these Terms of Use
vii. The case falls under or is likely to fall under any of the provisions of Article 6 section 4 through 8
viii. Any other case the company deems inappropriate
Article 11 (Disclosure of Test Results)
1) Disclosure of the results obtained from the intestinal microbiome test (hereafter, the “test results”) will be carried out on the website using methods specified by the company. An internet connection is required to check the test results.
2) The test results will only be displayed in English
3) Even after the test has been completed, if the customer violates the Terms of Use or the company deems it inappropriate for any other reason, the company may choose to not notify the customer of the test results.
Article 12 (Prohibited Activity)
Customers shall not engage in any activities that:
1) Violate applicable laws, regulations, etc.
2) Interfere with the operation of the website or Body Granola.
3) Infringe on intellectual property rights or other rights of the company or associated third parties as specified in Article 14.
4) Falsify personal information when registering to purchase products.
5) Violate the Terms of Use or the Individual Terms.
Article 13 (Cancellation of Membership and Refusal of Service)
The company reserves the right to cancel the customer’s membership, refuse to provide services, suspend the use of the login ID and password, and decline to process the customer’s product purchases or orders without prior notice or consent. Furthermore, the company shall not be held liable for any damages incurred by the customer as a result of these measures (including, but not limited to, damages arising from the loss of customer information) if the customer engages in any of the following activities:
1) Falsify personal information during registration.
2) Allow the unauthorized use of customer login ID (email address) or password, or access by a third party.
3) Delay or default on payment obligations.
4) Are unable to be contacted by phone, fax, email, or any other means.
5) Violate the Terms of Use or the Individual Terms.
6) If the customer refuses to accept the ordered product, or if the customer’s order cannot be delivered due to reasons attributable to the customer’s, such as prolonged absence or providing incomplete delivery address information, and such situations persist multiple times.
7) If the company otherwise deems the customer’s membership to be inappropriate.
Article 14 (Intellectual Property Rights)
1) All copyrights, trademark rights and other intellectual property rights for corporate marks, trademarks (including service marks, logos, etc.), character designs, images, text, music, program data, etc., used on the website or in Body Granola belong to the company or to third parties who have granted the company permission to use them. It is prohibited by law for the customer to use or reproduce these, in whole or in part, without permission.
2) If a customer does so and causes damage to the company or a third party, the customer shall be liable for compensation for any and all damages.
Article 15 (Personal Information)
1) The company will strictly manage and appropriately use personal information in accordance with the company’s Privacy Policy, available at https://www.calbee.co.jp/en/privacy/.
2) If the customer requests payment by credit card, the handling of the customer's information related to such payment shall be governed by the provisions outlined in the following items:
i. The company will take necessary measures to detect and prevent improper use of credit cards by third parties (hereafter, “fraud prevention”) in cases where the customer requests payment by credit card
ii. If the customer requests payment by credit card, they thereby consent that the company may use the following personal information to the extent necessary to prevent fraud.
Email address and other information provided when registering as a member.
Method of payment and the first six and last three digits of the credit card number the customer has specified.
Device information (IP address, browser information, etc.) used when the customer purchased a product on the website
iii. The company may outsource all or part of the work necessary for fraud prevention to a subcontractor with whom the company has signed a confidentiality agreement
iv. If the customer does not consent to the acquisition, provision and use of personal information as stipulated in the preceding articles, they will not be able to use credit card payment
In addition to the above, the company may use information obtained from the customer related to Body Granola (including login ID, personal information, customer information, and responses to questionnaires and interviews conducted in relation to Body Granola) for the purpose of improving Body Granola’s services and marketing accuracy.
8) Singapore Data Protection Supplement (PDPA Compliance)
This Subsection 8 applies specifically to customers residing in Singapore and serves as a formal supplement to the Company’s Global Privacy Policy, addressing mandatory obligations under the Singapore Personal Data Protection Act 2012 (PDPA)...
i. Data Protection Officer (DPO) Appointment and Contact:
Naoko Onishi (n_onishi@calbee.co,jp)
Article 16 (Changes, Suspension, or Discontinuation)
If the company determines it is necessary to change information provided on the website, or suspend or discontinue provision of the website due to system maintenance or failure, fire, power outage, natural disasters such as earthquakes, or other unavoidable circumstances, the company may do so without prior notice or consent from the customer...
Article 17 (Liability)
1) The company assumes no responsibility for any damages caused by omissions in the information provided by the customer, incorrect email addresses, unreadable characters, etc.
2) The company assumes no responsibility for any damage to the customer’s computer system (hardware or software) incurred by using the website...
3) The website uses SSL encryption technology...
4) None of the provisions in these terms and conditions shall exempt the company from liability for damages caused by its intentional misconduct or gross negligence.
Article 18 (Links)
1) When creating a link to the website, the customer must refrain from the following:
i. Linking to specific data on the website
ii. Modifying the company’s original page design
Article 19 (Law and Jurisdiction)
1) The Terms of Use shall be governed by and construed in accordance with the laws of Singapore.
2) In the event of a dispute between the company and the customer in relation to the Terms of Use or the Individual Terms, the courts of Singapore shall have exclusive jurisdiction as the court of first instance.