These terms and conditions are a translation of the orignal Dutch terms: https://www.igene.nl/algemene-voorwaarden
Article 1. Definitions
In these general terms and conditions the following terms have the following definitions:
- General terms and conditions: these general terms and conditions.
- iGene: the trade name of the private company iGene Products BV, located at Oude Haven 102, 6511 XH Nijmegen, registered in the Chamber of Commerce under number 63823764, establishment number 000032700318. iGene is a provider of genetic self-tests and a user of these general terms and conditions;
- Customer: the party who makes an agreement for a genetic self-test with iGene. Described in these terms as he, but applicable to both women and men. The customer is a legal entity or an adult of eighteen (18) years or older.
- Services; all services, products, web and/or mobile applications or software provided by iGene to the customer with regard to the iGene genetic self-test and related services of iGene.
- iGene test: the genetic test belonging to the iGene service.
- iGene DNA test: package that can be ordered on the iGene website with which the customer can take DNA by means of saliva or cheek swab.
- iGene application: program that can be used on a mobile phone, tablet or PC with which the results (consisting of information, lifestyle advice and/or recommendations) of the iGene test can be consulted.
- iGene reporting: all information, lifestyle advice and/or recommendations that can be consulted in the iGene application.
- Personal information: all personal information provided by the customer to iGene on the iGene order confirmation website. iGene does not use personal information to identify the customer. Also, name, e-mail and address details are not or only temporarily stored to the extent necessary for the execution of the service.
- Software: means the software licensed to the customer for use of the iGene application.
- Website: means the user interface, functionality and content made available under the domain name iGene.
- Aggregated Genetic or Reported Information: is genetic or reported information that has been stripped of registration information and is aggregated with genetic data from other anonymous users, with iGene ensuring that the individual and personal information is not exposed to third parties.
- Intellectual property rights; such as copyright: an author's exclusive right to reveal and reproduce his creative works. Database right: the exclusive right to disclose and reproduce collections of (copyrighted or not copyrighted) elements. Patent law: the exclusive right of the patent holder to exploit his invention in exchange for the publication of that invention. Trademark law: the exclusive right to use a certain brand (such as a product name or logo). The trade name law: the ban on carrying a younger confusing trade name. Drawing and design right: the exclusive right to provide products with a specific drawing (image) and to design products according to a specific model.
Article 2. General
- iGene provides information based on a genetic self-test that allows customers to try to improve their individual well-being. Based on the iGene test and the accompanying report, customers can decide to adjust their lifestyle and to share the provided information with a doctor. iGene does not provide medical services, is not a medical device, and it does not provide medical advice.
- The information provided by iGene is a translation of calculated values and a summary of generally available prevention information on various disorders. No rights can be derived from the calculated values and the customer indemnifies iGene against the consequences of any errors in the calculated values, of whatever nature or origin. Lifestyle advice and messages are recommendations of a general nature and in no way constitute personal or medical advice. These recommendations are based on public external sources.
- Customers are advised to submit medical questions, complaints or symptoms to a physician or other healthcare professional in a timely manner to receive professional examinations, diagnostics, and possibly medical care. We also advise customers to never delay the search for professional care or to disregard medical advice already obtained on the basis of the information provided by iGene.
- The iGene service provides the customer with information about possible lifestyle advice and knowledge of certain (medical) disorders and/or concepts, but can and should never lead to a diagnosis, prevention or treatment of a disease or illness. Information from iGene is never intended for advice or diagnosis of health problems.
- The application of the recommendations is entirely the responsibility of the user and iGene can never be held liable for this. If a customer is concerned at any time whether these recommendations are correct in their individual case, they should consult a physician before acting or not acting on the statements, information or recommendations in the iGene report.
- The customer confirms that he understands that physical training and/or change of eating habits entails risks and that for all actions he takes (or does not take) in response to the information and/or recommendations in the iGene reporting here at all times is and remains fully responsible and liable for himself. iGene excludes any liability for this. The customer fully indemnifies iGene and/or its officers, employees and representatives.
Article 3. Applicability of these conditions
- These general terms and conditions apply to all conditions, services and deliveries of iGene, as well as to all agreements concluded between the customer and iGene.
- The applicability of any purchase or other conditions of the customer is expressly rejected.
- If one or more provisions in these general terms and conditions are nullified or void, the other provisions of these general terms and conditions will remain fully applicable. iGene and the customer will then enter into consultations in order to agree on new provisions to replace the void or nullified provisions, whereby if and for as much as possible the purpose and purport of the original provision is observed.
Article 4. Formation of agreement and right of withdrawal
- All agreements between the customer and iGene come about through the customer's request for the iGene DNA test or the use of the iGene application.
- The customer has the right to cancel the order of the iGene DNA test up to 14 days after receipt without giving any reason, provided that the contents of the kit are in unused condition. When using the cotton swabs or the tube code stickers, the order of the kit is final and it can no longer be returned. If the customer makes use of the right of withdrawal, the customer has another 14 days after cancellation to return the iGene DNA test. The customer will then be credited the full order amount including shipping. Only the costs for returning the test to iGene are for his own account. For the rates consult the website of your carrier. If the customer exercises the right of withdrawal, the product will be returned to iGene with all accessories supplied and in the original condition and packaging. In order to exercise this right, the customer will contact iGene using the model withdrawal form or otherwise inform iGene unequivocally. iGene will then refund the order amount due within 14 days after registration of the return, provided that the product has already been returned in good order.
Article 5. Execution of the assignment
- iGene will execute the assignment of the customer and the services/services to the best of its knowledge and ability in accordance with the requirements of good contracting and in accordance with these general terms and conditions. All this based on scientific knowledge known at the time, insofar as this has been incorporated into the systems of iGene.
- If and insofar as required for the proper execution of the assignment, iGene has the right to have certain or all work performed by third parties.
- The customer will ensure that all data, which iGene indicates is necessary or which the customer should reasonably understand to be necessary for the execution of the assignment, in the desired form, in the desired manner and in a timely manner provided. If the information required for the execution of the assignment has not been provided to iGene in time, iGene has the right to suspend the execution of the assignment and/or to charge the additional costs resulting from the delay to the customer at the usual rates, which does not affect the customer's payment obligation.
- iGene is not liable for damage of any kind if iGene used data based on incorrect and/or incomplete information provided by the customer.
- The customer indemnifies iGene against any claims from third parties who suffer damage in connection with the execution of the assignment and which is attributable to the customer.
Article 6. Implementation
- The customer is informed via a message in the iGene application that his DNA profile has been analyzed and is ready for review. Additions, new knowledge and/or further elaborations of the DNA profile of the customer are also made known to the customer via a message in the iGene application. The customer can then log into his personal account and get direct access to all information that applies to his DNA profile.
- Customer acknowledges and agrees that iGene's services are provided based on the current state of genetic research and technology in use by iGene at the time of purchase and to the extent that it is incorporated into iGene's systems. Genetic research, scientific knowledge and technology are evolving.
- The customer acknowledges and agrees that the form and nature of the services offered by iGene may vary from time to time without prior notice to him. As part of this ongoing innovation, the customer acknowledges that iGene may, at its sole discretion, discontinue (permanent or temporary) the provision or change of any number of services.
- After taking the iGene test, the customer can choose between a paid iGene account or a free iGene account. If the customer stops with the paid iGene account (can be canceled monthly), his account is automatically converted into a free iGene account. There is no further need to cancel the free iGene account. It remains active automatically. iGene reserves the right to delete a free iGene account at its own discretion. A paid iGene account can be removed if the customer or user does not comply with the rules or conditions set by iGene.
- The customer acknowledges that iGene is authorized to determine the storage period and inspection period for the service provided up to a maximum number of days. The customer acknowledges and accepts that iGene assumes no responsibility or liability for the removal of messages or other content, or for the loss of genetic information due to a failure or destruction of server data or other catastrophic events.
Article 7. Complaints
- If the customer has a complaint with regard to the work performed and/or services provided by iGene, he must notify iGene in writing, within 14 days after the sending date of the DNA material or 7 days after the complaint has arisen. in the absence of which the work performed and/or the services provided are deemed to have been approved by the customer.
- In case of complaints, iGene has the choice between adjusting the amount charged, improving it free of charge, performing the rejected service again and/or not or no longer executing the assignment (in whole or in part).
Article 8. Subscriptions
- After receipt of the iGene DNA test and the associated account registration in the iGene application, a non-binding and free consultation is created or a more extensive and comprehensive paid subscription, which can be consulted via the iGene application.
- The paid application provides up-to-date specific customer-oriented further information, knowledge and science regarding his DNA profile, with the aim of providing insight into the possibilities to increase his well-being.
- The payment of the extended subscription is made monthly by debiting the customer's account or via the Appstore where the customer downloaded the iGene application.
Article 9. Prices and payment
- The total amount for the iGene DNA test must be received by iGene before the application is processed and the iGene DNA test is sent.
- The amount of the fee owed by the customer to iGene and the payment method have been determined prior to the performance of the services between the parties, and must be paid in advance by electronic payment.
- The prices for the services are stated on the website and can be changed at any time by iGene.
- If the customer has not opted for electronic payment, payment to iGene must be made within seven days of the invoice date, without deduction, discount or setoff. The day on which the amount due is credited to iGene's account counts as the day of payment. When opting for payment by direct debit, the customer must ensure that there is at all times sufficient balance available in the designated account to execute the direct debit. The total amount of this invoice must be received by iGene before it performs its services.
- If the customer has not paid within the period referred to in the first paragraph, the customer is in default by operation of law and therefore without further notice of default. From that moment on, iGene is entitled to charge the statutory (commercial) interest. In that case, the customer is also obliged to reimburse all judicial and extrajudicial (collection) costs incurred by iGene.
Article 10. Force majeure
- iGene is not obliged to fulfill any obligation if iGene is prevented from doing so as a result of force majeure.
- In these general terms and conditions, force majeure means, in addition to what is understood in this respect in law and case law, all external causes, foreseen or unforeseen, over which the parties cannot exert influence, but as a result of which a party is reasonably unable to fulfill its obligations to fulfill.
- When a force majeure situation has lasted longer than thirty days, the parties have the right to terminate the agreement by written dissolution. What has already been performed under the agreement will then be settled proportionally.
Article 11. Intellectual Property
- iGene owns or holds the right to use all intellectual property rights relating to the iGene Website(s), app(s), test(s) and production(s). The agreement does not transfer any intellectual property rights vested in iGene. All intellectual property rights that arise during or ensue from the provision of services belong to iGene.
- All documents provided by iGene, such as reports, agreements, designs, sketches, drawings, software, etc. are intended for use by the customer only and may not be reproduced or published by him without the prior consent of iGene, except when provided documents state otherwise.
- iGene reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties. The customer declares that by providing a saliva sample/his genetic material, he does not acquire any rights in commercial products and/or services that iGene or its partners develop. The customer should understand specifically that he will never receive any reimbursement for research or commercial products and/or services that iGene or its partners develop as a result of the genetic information or self-reported information made available by the customer.
Article 12. Customer statements
- Each customer declares that he is eighteen (18) years of age at the time of delivering a saliva sample and receives access to his genetic information.
- Minors have the option to have an iGene test done by authorizing an adult. This authorized representative must send the power of attorney together with his proof of identity and the saliva sample of the relevant minor person to iGene.
- Every customer guarantees that the saliva sample he provides is his own saliva / DNA, with the exception of the above situation. When submitting saliva to a person from whom legal permission has been obtained, a power of attorney and identity document must be included and it must be stated in advance that the sample provided will be the sample of the minor person.
- The customer declares to agree that the saliva sample provided by him and all data obtained can be transferred and/or processed outside the country where the customer resides.
- The customer declares by accepting these conditions that he is a natural person, submitting the application for himself and not an insurance company or employer etc. for obtaining information about an insured or an employee.
- The customer is responsible for all possible consequences of sharing his genetic and reported information.
- The customer declares that he has the authority, according to the laws of the state / country or jurisdiction where he resides, to declare the above. In case of violation of any of these statements, iGene has the right to suspend its services or to close the customer's account. The customer indemnifies iGene and its relations against any liability, costs or damage resulting from the violation of these agreements.
- The customer acknowledges that all user information, whether publicly or privately posted, is the responsibility of the person from whom it is provided. This means that the customer is solely responsible, and not iGene, for all user content that he uploads, posts, emails, or otherwise obtains through iGene's services.
- The customer acknowledges, declares and accepts explicitly:
- that the use of the services of iGene is entirely at his own risk;
- that the services provided are not by definition uninterrupted, timely, infallibly safe and without errors;
- that the results obtained by using the services of iGene are not always correct or reliable;
- that the quality of products, services, information and/or other materials purchased by the customer from iGene may not meet his expectations;
- that all downloaded or otherwise obtained information is at his own responsibility and risk and that the customer is therefore responsible for any damage to his phone, tablet or computer or the loss of data as a result of downloading such material;
- that iGene is not liable for the termination of the customer's access to the services of iGene in case of suspected improper use, fraud, abuse or illegal activities;
- that iGene has the right to monitor any use of its systems;
Article 13. Illegal and prohibited use
- As a condition of use of the iGene services, the customer warrants that he will not make illegal or prohibited use of the iGene services. The customer is forbidden to use the services of iGene in such a way that damage, a malfunction or damage to, or overloading of the services of iGene is caused and/or the use and enjoyment of the services is hindered.
- Furthermore, the customer agrees that the services of iGene may not be used for:
(1) uploading and/or distributing and/or transferring material / data in any way that is derogatory, defamatory, obscene or offensive or something that is reasonably can be construed as harassment or denigration based on race, color, ancestry, gender, sexual orientation, age, disability, religion or political belief, or other legally protected status;
(2) retrieving information from third parties, or attempting to identify a customer and/or contact other iGene customers;
(3) downloading any file placed by another iGene user;
(4) uploading and/or sending content that infringes any intellectual property rights of iGene or any other related party of iGene;
(5) harm minors in any way;
(6) uploading, posting, emailing or otherwise transmitting any material containing software viruses or other computer codes, interrupting files or programs, destroying or limiting the functionality of iGene computer software or hardware or telecommunications equipment;
(7) actually override or attempt to override any security component of iGene software;
(8) obstructing or disrupting servers or networks associated with the iGene service, or violating iGene's rules, procedures, policies, or regulations.
- If the customer does not comply with these terms and conditions and/or iGene has a reasonable reason to suspect that the customer has violated these conditions, then iGene reserves the right to suspend or terminate its services or access to refuse the account and/or to refuse any current or future use of the services (or any portion thereof), without restitution of the compensation paid by the customer or the customer's right to compensation.
Article 14. Risks and considerations
- This knowledge is irrevocable the moment iGene makes the report available to the customer for inspection. The customer is aware and accepts that not all information is necessarily positive. The customer understands that if science makes progress or new developments in certain conditions and/or diseases, it may affect the meaning of the customer's DNA assessment.
- The report allows the customer to obtain information about himself that he had not expected. This information can evoke strong emotions and has the potential to change the life and worldview of the customer. The customer can discover things about himself that can be moving and irreversible. In addition, this data cannot be checked and/or cannot be changed (for example: the father is not the father's genetic material, surprising facts about ancestors, or the fact that someone with the genotype as the customer has a higher than perhaps average chance of developing a specific condition or illness). The customer is aware that these results may have social, legal or economic consequences and accepts this risk. iGene does not accept any liability in this regard.
- The laboratory may not be able to process the customer's saliva sample, for example if the saliva submitted does not contain a sufficient amount of DNA, insufficient saliva has been supplied, or the processing of results is not in accordance with the current iGene measurement standards, then or for some other reason. In addition, the laboratory process can lead to errors. iGene is never liable for this.
- If initial processing fails for any of the above reasons, iGene will retry processing the same sample at no cost to the customer. If the second attempt with the same sample fails again, iGene will send another kit to the customer free of charge to collect a new (second) sample. If the customer does not purchase this option, he is only entitled to a refund of the amount paid to iGene minus shipping and handling costs. The customer is aware that the processing of the DNA material according to the high requirements of iGene can lead to small errors in the laboratory, in process data or incorrectly interpreted or incorrect data. Since this possibility is known in advance, users are not entitled to a refund if these errors occur.
- The customer is aware that he should not change his health behavior based solely on the information provided by iGene. iGene advises every customer with concerns about the obtained genetic information, to discuss this with a doctor or other expert care provider for the correctness of the genetic information and possible follow-up actions. For the most common diseases, the genes we know are only responsible for a small portion of the risk. There may be unknown genes, environmental factors or lifestyle choices that are much more important predictors. If the customer's genetic data shows that he does not have an increased genetic risk for a particular disease or condition, he cannot assume that he cannot develop this disease and/or is protected. The reverse is also true, if the genetic data of the customer shows that he has an increased genetic risk of a certain disease or condition, this does not automatically mean that he was definitely developing this disease or condition. In both cases, iGene does not accept any liability and iGene advises you to contact your doctor or other expert care provider for more certainty.
- Genetic research is never complete. The DNA is linked to, and interpreted on the basis of, all kinds of medical data, research and published scientific studies. Some interpretations may not apply to the customer. Future scientific research may also change the interpretation of the customer's DNA. It may turn out in the future that certain scientific research is incomplete or incorrect. iGene is never liable for damage of any kind, because the customer has assumed incorrect and/or incomplete information provided by iGene.
- iGene advises its customer to be very careful about sharing genetic information. Genetic information that the customer wants to share with his doctor or other healthcare provider may become an unwanted part of his medical record and be accessible through that route to other healthcare providers and/or insurance companies in the future. Genetic information that the customer shares with family, friends or employers can be used against the interests of the customer.
- The iGene service provides the customer with information about possible lifestyle advice and knowledge of certain (medical) disorders and/or concepts, but can and should never lead to a diagnosis, prevention or treatment of a disorder or illness - or related to - your personal complaints or circumstances. All information from iGene is never intended for advice or diagnosis of health problems.
Article 15. Liability
- iGene will perform its work to the best of its ability and observe the care that can be expected from a good contractor. If a mistake is made because the customer has provided incorrect or incomplete information, iGene is never liable for this or for the resulting damage.
- iGene is not liable for damage resulting from:
a. any shortcomings in the services and/or performance of the agreement, unless this damage has arisen as a result of intent or deliberate recklessness on the part of iGene;
b. all effects (social, psychological, physical, economic, etc.) that the customer experiences and/or has through the obtained iGene information;
c. the use by the customer of or the impossibility of the services;
d. all measures that the customer takes based on the information obtained via iGene;
e. data, information and messages purchased or obtained through iGene;
f. unauthorized access to or modification of the customer's data;
g. statements or behavior of third parties on the services.
- iGene is never liable for indirect and/or consequential damage.
- The customer is obliged to take all those (preventive) measures that are reasonably possible and/or necessary to prevent or limit any damage. The customer also remains responsible for his account and created account details (log-in credentials) at all times. Without prejudice to the provisions of Article 15, iGene's liability can only arise under penalty of forfeiture of all rights if the customer gives iGene notice of default in writing without delay, but no later than within ten working days, whereby iGene is granted a reasonable period to remedy the shortcoming and iGene also imputably falls short after that period in the fulfillment of the relevant obligations.
- The total liability of iGene is in any case limited to compensation of the direct damage suffered by the client up to a maximum of € 1,000 (thousand euros).
- iGene has the right at all times to, if and insofar as possible, undo the customer's damage.
- The customer indemnifies iGene against all claims from third parties that are directly or indirectly, indirectly or immediately related to the execution of the agreement.
Article 16. Confidentiality
- iGene does not link personal data required to ship the product to the genetic data. The postal address and genetic data are stored on separate servers. After delivery of the kit, the postal address will be removed from iGene's administrative systems. The payment details are retained. After completion of the test, the examined DNA samples are destroyed.
- iGene can only share genetic data with third parties (such as a healthcare professional) if the customer gives permission for this in the iGene app.
Article 17. Export Control and applicable laws and regulations
- By accepting the conditions, the customer agrees to comply with all rules set by Dutch law. In particular, the customer agrees;
(a) that the provision of his saliva sample is not subject to an export ban or is restricted in the country where the customer resides;
b) that the survey and data can be transferred and/or processed outside the country where the customer lives;
c) that the customer will comply with all applicable rules and laws with regard to the transfer of the data, which are set by Dutch law and/or which are set by the country from which the customer has access to it.
Article 18. Changes in the conditions and/or services
- iGene reserves the right, at any time, to change or terminate its terms and conditions and/or services or any part thereof, temporarily or permanently, with or without notice. The customer acknowledges and agrees that the above changes may result in a delay in the provision of some of the iGene features or services. iGene is never liable to her customer for this.
- iGene is never liable to the customer or a third party for other changes, suspension or withdrawal of its conditions and/or services.
- When changes are made to the conditions of iGene, these changed conditions will be placed on the website and possibly made available to the customer personally. If the customer does not want to agree to changes to the general terms and conditions, he can terminate the agreement as of the effective date of these changes.
- The customer acknowledges and agrees that if he uses the services of iGene after changing the general terms and conditions, this use is considered as acceptance of the updated general terms and conditions.
- Updates to the software available to the customer should be downloaded from time to time. These updates are intended to improve, strengthen and further develop the services of iGene. The customer agrees to receive and download these updates and authorizes iGene to provide them as part of the use of iGene's services.
Article 19. Cancellation
- These general terms and conditions will continue to apply even after termination of a paid or free account.
- The customer is entitled at any time to cancel his subscription with iGene, subject to a notice period of one month. This cancellation must be made in writing. If the customer sends an online message, iGene will ask the customer to confirm this cancellation, after which the paid subscription will be terminated.
Article 20. Applicable law
- Dutch law is exclusively applicable to all agreements concluded between the customer and iGene and the resulting legal relationships.
- All disputes arising from the relationship existing between the customer and iGene, agreements concluded, services rendered and legal relationship that has arisen will be brought exclusively before the Dutch competent court of the location of iGene, regardless of the country of origin of the customer or where the customer has access to iGene.