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terms and conditions

Article 1. Definitions  

In these general terms and conditions, the following terms shall have the following meanings:  

  1. general terms and conditions: these  general terms and conditions.
  2. iGene: the trade name of the private limited company iGene Products B.V., established at Oude Haven 102, 6511 XH Nijmegen, registered with the Chamber of Commerce under number 63823764, establishment number 000032700318. iGene is a provider of genetic self-tests and user of these general terms and conditions;  
  3. Customer: the other party to iGene who enters into an agreement for a genetic self-test. In these terms and conditions referred to as he, but applicable to both women and men. The customer is a legal entity or an adult of eighteen (18) years or older.
  4. Services/service provision;  all services, products, web and/or mobile applications or software to be delivered and made available by iGene to the customer with regard to the iGene genetic self-test and related services of iGene.
  5. iGene test: the genetic test belonging to the iGene service.
  6. iGene DNA test: package that can be ordered on the iGene website, with which the customer can collect DNA by means of saliva or cheek swab.
  7. 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.
  8. iGene reporting: all information, lifestyle advice and/or recommendations that can be consulted in the iGene application.
  9. Personal information: all personal information that the customer has entered on the website for iGene to confirm the order with iGene.   iGene does not use personal information to identify the customer. Name, e-mail and address details are also not or only temporarily stored to the extent necessary for the performance of the service.
  10. Software: means the software made available to the customer under license for the use of the iGene application.
  11. Website: means the user interface, functionality and content made available under the domain name iGene.
  12. Aggregated Genetic or Reported Information: is genetic or reported information that has been stripped of registration information and is combined with genetic data from other anonymous users, whereby iGene guarantees that the individual and personal information is not exposed to third parties.
  13. Intellectual property rights; such as copyright: the exclusive right of an author to publish and reproduce his creative works. Database rights: the exclusive right to publish and reproduce collections of (whether or not copyrighted) elements. Patent rights: the exclusive right of the patent holder to exploit his invention, in exchange for publishing that invention. Trademark rights: the exclusive right to use a certain brand (such as a product name or logo). Trade name rights: the prohibition on using a younger confusing trade name. The design and model right: the exclusive right to provide products with a specific drawing (image) and to design products according to a specific model. 

Article 2. General

  1. iGene provides information based on a genetic self-test with which customers can try to improve their individual well-being. Based on the iGene test and the associated report, customers can decide to adjust their lifestyle and share the information provided with a doctor. iGene does not offer medical services, is not a medical device and does not provide medical advice.
  2. The information provided by iGene is a translation of calculated values and a list of generally available prevention information about various conditions. 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. The 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.
  3. Customers are advised to submit medical questions, complaints or symptoms to a doctor or other healthcare professional in a timely manner in order to receive professional examination, diagnosis and possible medical care. We also advise customers never to postpone seeking professional care in a timely manner or never to disregard medical advice already obtained based on the information provided by iGene.
  4. The iGene service provides the customer with information about possible lifestyle advice and knowledge of certain (medical) conditions and/or concepts, but can and may never lead to a diagnosis, prevention or treatment of a condition or disease. Information from iGene is never intended for advice or diagnosis of health problems.
  5. The application of the recommendations is entirely the user's own responsibility and iGene can never be held liable for this. If at any time a customer has any concerns about whether these recommendations are correct in their individual case, they should consult a physician before acting or refraining from acting on the statements, information or recommendations in the iGene report. 
  6. The customer confirms that they understand that physical training and/or changing eating habits entail risks and that they are and remain fully responsible and liable for all actions they take (or do not take) based on the information and/or recommendations in the iGene report at all times. iGene disclaims any liability for this. The customer fully indemnifies iGene and/or its officers, employees and representatives. 

Article 3. Applicability of these conditions

  1. These general conditions apply to all conditions, services and deliveries of iGene, as well as to all agreements concluded between the customer and iGene.
  2. The applicability of any purchasing or other conditions of the customer is expressly rejected.
  3. If one or more provisions in these general conditions are null and void or are annulled, the other provisions of these general conditions remain fully applicable. iGene and the customer will then enter into consultation in order to agree on new provisions, 
    to replace the null and void or annulled provisions, whereby the purpose and scope of the original provision will be taken into account as much as possible. 

Article 4.  Conclusion of agreement and right of withdrawal

  1. All agreements between the customer and iGene are concluded by the customer's request for the iGene DNA test or the use of the iGene application. 
  2. The customer has the right to cancel the order for 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 for the kit is final and can no longer be returned. If the customer exercises the right of withdrawal, the customer has another 14 days after cancellation to return the iGene DNA test. The customer will then be credited with the full order amount including shipping costs. Only the costs for returning the product from home to iGene are for the customer's own account. These costs amount to approximately € 6.95 per package, for the exact rates consult the website of your carrier. If the customer uses the right of withdrawal, the product with all delivered accessories and in the original condition and packaging will be returned to iGene. To use this right, the customer will contact iGene by means of the model withdrawal form or make this known to iGene in another unambiguous way. iGene will then refund the order amount due within 14 days after notification of the return, provided that the product has already been returned in good order.

Article 5. Execution of the order

  1. iGene will execute the order of the customer and the services/provision of services to the best of its knowledge and ability in accordance with the requirements of good contractorship and in accordance with these general terms and conditions. All this on the basis of the state of science known at that time, insofar as this is processed in the systems of iGene.
  2. If and to the extent that proper execution of the order requires this, iGene has the right to have certain or all work carried out by third parties.
  3. The customer shall ensure that all data that iGene indicates is necessary or that the customer should reasonably understand is necessary for the execution of the order, are provided to iGene in the desired form, in the desired manner and in a timely manner. If the data required for the execution of the order are not provided to iGene in a timely manner, iGene has the right to suspend the execution of the order and/or charge the additional costs resulting from the delay to the customer at the usual rates, which does not affect the customer's payment obligation.
  4. iGene is not liable for damage of any nature if iGene has assumed incorrect and/or incomplete data provided by the customer.
  5. The customer indemnifies iGene against any claims from third parties who suffer damage in connection with the execution of the order and which is attributable to the customer. 

Article 6.  Implementation

  1. The customer will be informed via a message in the iGene application that his DNA profile has been analyzed and processed and is ready for inspection. Additions, new knowledge and/or further elaborations of the customer's DNA profile will also be made known to the customer via a message in the iGene application. The customer can then log in to his personal account and will then have direct access to all information that applies to his DNA profile.
  2. The customer acknowledges and agrees that the services of iGene are  provided on the basis of the current state of genetic research and technology in use by iGene at the time of purchase and to the extent that this is processed in the systems of iGene. Genetic research, scientific knowledge and technology evolve.  
  3. 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 continuous innovation, the customer acknowledges that iGene may, without prior notice, at its sole discretion and at its sole discretion, stop (permanently or temporarily) providing or change a number of services. 
  4. 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 (cancellable monthly), his account will automatically be converted into a free iGene account. The free iGene account does not need to be cancelled further. It automatically remains active. iGene reserves the right to delete a free iGene account at its own discretion. A paid iGene account can be deleted if the customer or user does not adhere to the rules or conditions set by iGene.
  5. The customer acknowledges that iGene is authorized to determine the retention period and inspection period for the service provided up to a maximum number of days. The customer acknowledges and accepts that iGene accepts no responsibility or liability for the removal of messages or other content, or for the loss of genetic information as a result of a malfunction or destruction of server data or other catastrophic events. 

Article 7 . Complaints

  1. If the customer has a complaint regarding the work performed and/or services provided by iGene, he must notify iGene of this in writing within a period of 14 days after the date of dispatch of the DNA material or 7 days after the complaint arose, failing which the work performed and/or services provided will be deemed to have been approved by the customer.
  2. In the event of complaints, iGene has the choice between adjusting the amount charged, improving it free of charge,  re-performing the rejected service and/or not (any longer) performing the order in whole or in part. 

Article 8. Subscriptions

  1. After receiving the iGene DNA test and the associated account registration in the iGene application, a free, no-obligation report or a more extensive and comprehensive paid subscription will be created, which can be consulted via the iGene application.
  2. The paid application provides up-to-date, specifically targeted information, knowledge and science regarding the customer's DNA profile, with the aim of providing insight into the possibilities to increase his well-being.
  3. Payment for the extended subscription is made monthly by direct debit from the customer's account or via the Appstore where the customer downloaded the iGene application.

Article 9. Prices and payment

  1. 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.
  2. The amount of the fee owed by the customer to iGene and the payment method are determined between the parties prior to the provision of the service, and must be paid in advance by electronic payment.  
  3. The prices for the service are stated on the website, and can be changed by iGene at any time.
  4. If the customer has not opted for electronic payment, payment to iGene must be made within seven days after the invoice date, without deduction, discount or settlement. The day on which the amount owed is credited to iGene's account is considered the day of payment. If payment by direct debit has been chosen, the customer must ensure that there is sufficient balance on the designated account at all times to carry out the collection. The total amount of this invoice must be received by iGene before it provides its Services/services.
  5. If the customer has not paid within the period stated 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

  1. iGene is not obliged to fulfil any obligation if iGene is prevented from doing so as a result of force majeure.
  2. Force majeure is understood in these general terms and conditions, in addition to what is understood in law and case law, to mean all external causes, foreseen or unforeseen, over which the parties have no influence, but which reasonably prevent a party from fulfilling its obligations.
  3. If 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

  1. iGene is the owner or holder of 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 include a transfer of intellectual property rights that rest with iGene. All intellectual property rights that arise during or result from the provision of services belong to iGene.
  2. All documents provided by iGene, such as reports, agreements, designs, sketches, drawings, software, etc., are exclusively intended for use by the customer and may not be reproduced or made public by the customer without prior permission from iGene, unless the nature of the documents provided dictates otherwise.
  3. iGene reserves the right to use the knowledge acquired through the performance of the work for other purposes, provided that no confidential information is brought to the attention of third parties. The customer declares that by providing a saliva sample or his genetic material, he does not acquire any rights in commercial products and/or services that iGene or its partners develop. The customer must specifically understand that he will never receive compensation for research or from commercial products and/or services that iGene or its partners develop as a result of the genetic information or self-reported information provided by the customer. 

Article 12. Customer Declarations

  1. Each customer declares that he is eighteen (18) years of age or older at the time he provides a saliva sample and gains access to his genetic information. 
  2. Minors have the option of having an iGene test performed by authorizing an adult. This authorized person must send the authorization together with his proof of identity and the saliva sample of the minor in question to iGene.
  3. Each customer guarantees that the saliva sample he provides is his own saliva/DNA, with the exception of the above-mentioned situation. When submitting saliva for a person from whom legal permission has been obtained, an authorization and proof of identity must be sent along and it must be indicated in advance that the sample provided will be the sample of the minor.
  4. The customer declares that he agrees that the saliva sample provided by him and all data obtained can be transferred and/or processed outside the country where the customer resides.
  5. By accepting these conditions, the customer declares that he is a natural person, submitting the application for himself and not an insurance company or employer etc. to obtain information about an insured person or an employee.
  6. The customer is responsible for all possible consequences of sharing his genetic and reported information.
  7. 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 declarations, iGene has the right to suspend its services or terminate the customer's account. The customer indemnifies iGene and its relations against any liability, costs or damages resulting from the violation of these agreements.
  8. Customer acknowledges that all User Information, whether publicly or privately posted, is the sole responsibility of the person from whom such User Information originated. This means that Customer, and not iGene, is solely responsible for all User Content that Customer uploads, posts, emails, or otherwise obtains through iGene's services.
  9. Customer expressly acknowledges, represents, and agrees:
    - that use of iGene's services is entirely at Customer's own risk;
    - that the services provided are not necessarily uninterrupted, timely, infallibly secure, or error-free;
    - that the results obtained from the use of iGene's services may not always be correct or reliable;
    - that the quality of products, services, information, and/or other material purchased by Customer from iGene may not meet Customer's expectations;
    - that all downloaded or otherwise obtained information is at your own responsibility and risk and that the customer is therefore responsible for any damage to his telephone, 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 iGene's services in the event of suspected improper use, fraud, abuse or illegal activities;
    - that iGene has the right to monitor any use of its systems;
    - that iGene uses cookies and other similar technologies for statistical purposes in connection with the use of the website. 

Article 13. Unlawful and prohibited use

  1. As a condition for using iGene's services, the customer guarantees that he will not make any illegal or prohibited use of iGene's services. The customer is prohibited from using iGene's services in such a way that damage, a malfunction or impairment of, or overload of iGene's services is caused and/or the use and enjoyment of the services is hindered.  
  2. Furthermore, the customer agrees that the iGene service may not be used for:
    (1) uploading and/or in any way distributing and/or transmitting material/data that is derogatory, libelous, obscene or offensive or that could reasonably be construed as harassment or disparagement based on race, color, national origin, gender, sexual orientation, age, disability, religion or political opinion, or other legally protected status;
    (2) soliciting information from third parties, or attempting to identify a customer and/or contact other iGene customers;
    (3) downloading any file posted by another iGene user;
    (4) uploading and/or transmitting content that infringes any intellectual property rights of iGene or any other related party of iGene;
    (5) harm minors in any way;
    (6) upload, post, email or otherwise transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any iGene computer software or hardware or telecommunications equipment;  
    (7) actually override or attempt to override any security feature of iGene software;
    (8) interfere with or disrupt servers or networks connected to the iGene Service, or violate any rules, procedures, policies or regulations of iGene networks.
  3. If the customer does not comply with these terms and conditions and/or iGene has reasonable grounds to suspect that the customer has violated these terms and conditions, iGene reserves the right to suspend or terminate its services, or to deny access to the account and/or to refuse all current or future use of the services (or any portion thereof), without refund of the fee paid by the customer or the customer's right to compensation.

Article 14. Risks and considerations

  1. At the moment that iGene makes the report available to the customer for inspection, this knowledge is irrevocable. The customer is aware and accepts that not all information is necessarily positive. The customer understands that if science makes progress or new developments with regard to certain conditions and/or diseases, this can influence the meaning of the assessment of the customer's DNA.
  2. The report can provide the customer with information about themselves that they had not expected. This information can evoke strong emotions and has the potential to change the customer's life and worldview. The customer can discover things about themselves that are moving and can be irreversible. In addition, these data may not be verifiable and/or changeable (for example: the father is not genetically the father, surprising facts regarding ancestors, or the fact that someone with the genotype of the customer has a higher than average chance of developing a specific condition or disease). The customer is aware that these results may have social, legal or economic consequences, and accepts this risk. iGene accepts no liability in this regard.
  3. It is possible that the laboratory is unable to process the customer's saliva sample, for example if the submitted saliva does not contain a sufficient amount of DNA, insufficient saliva has been supplied, or the processing of the results is not in accordance with iGene's current measurement standards, or for some other reason. In addition, the laboratory process may lead to errors. iGene is never liable for this.
  4. If the first processing fails for one of the above reasons, iGene will attempt to process the same sample again 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 take 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 processing the DNA material according to the high standards of iGene can lead to small errors in the laboratory, in process data or misinterpreted or incorrect data. Since this possibility is known in advance, users are not entitled to a refund if these errors occur.
  5. The customer is aware that he should not change his behavior with regard to his health based solely on the information from iGene. iGene advises every customer who has concerns about the genetic information obtained to discuss this with a doctor or other expert healthcare provider for the correctness of the genetic information and possible follow-up actions. For the most common diseases, the genes that we know are only responsible for a small part of the risk. There may be unknown genes, environmental factors or lifestyle choices that are much more important predictors. If the genetic data of the customer shows that he does not have an increased genetic risk for a certain disease or condition, then 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 for a certain disease or condition, then this does not automatically mean that he will definitely develop this disease or condition. In both cases, iGene accepts no liability and advises you to contact your doctor or other expert healthcare provider for more certainty.
  6. 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. It may happen that some interpretations do not apply to the customer. Future scientific research may also change the interpretation of the customer's DNA. In the future, it may appear 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 data provided by iGene.
  7. iGene advises its customer to be very careful when sharing genetic information. Genetic information that the customer wants to share with his doctor or other healthcare provider may unintentionally become part of his medical file and via that route be accessible 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.  
  8. The iGene service provides the customer with information about possible lifestyle advice and knowledge of certain  (medical) conditions and/or concepts, but can and may never lead to a diagnosis, prevention or treatment of a condition or disease - 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

  1. iGene will perform its work to the best of its ability and will exercise the care that may be expected of a good contractor. If an error is made because the customer has provided incorrect or incomplete information, iGene will never be liable for this, nor for any damage resulting from it.  
  2. iGene is not liable for damage resulting from:
    a. any shortcomings in the service provision and/or execution of the agreement, unless this damage is the 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 due to the iGene information obtained;
    c. the customer's use of or impossibility of the services;
    d. all measures taken by the customer based on the information obtained via iGene;
    e. data, information and messages purchased or obtained via iGene;
    f. unauthorized access to or modification of the customer's data;
    g. statements or behavior of third parties on the services.
  3. iGene is never liable for indirect and/or consequential damage.
  4. The customer is obliged to take all (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 data (username and password) at all times. Without prejudice to the provisions of Article 15, iGene may only be liable under penalty of forfeiture of all rights if the customer immediately, but no later than within ten working days, notifies iGene in writing of the default, whereby iGene is granted a reasonable period to rectify the default and iGene also fails to fulfil the relevant obligations after that period.
  5. iGene's total liability is in any case limited to compensation for the direct damage suffered by the client up to a maximum of € € 1,000 (one thousand euros).
  6. iGene has the right at all times to undo the damage suffered by the customer without obligation, if and to the extent possible.
  7. The customer indemnifies iGene against all claims from third parties that are directly or indirectly, mediately or immediately related to the performance of the agreement.

Article 16.  Confidentiality

  1. iGene does not link personal data required for sending the product to genetic data. The postal address and genetic data are stored on separate servers. After delivery of the kit, the postal address is removed from iGene's administrative systems. The payment details are retained. After completion of the test, the DNA samples examined are destroyed.
  2. iGene can only share DNA 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

  1. By accepting the Terms, 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 restriction in the country where the Customer resides;
    b) that the research and data may be transferred and/or processed outside the country where the Customer resides;
    c) that the Customer will comply with all applicable rules and laws regarding the transfer of the data, set by Dutch law and/or set by the country from which the Customer has access to it.

Article 18.  Changes to the terms and/or services

  1. iGene reserves the right to change or terminate its terms and/or services or any part thereof at any time, temporarily or permanently, with or without notice. The customer acknowledges and agrees that the above changes may lead to a delay in the provision of some of the iGene functions or services. iGene is never liable to its customer for this.
  2. iGene is never liable to the customer or a third party for other changes, suspension or withdrawal of its terms and/or services.
  3. If changes are made to the terms and conditions of iGene, these changed terms and conditions will be placed on the website and may be made available to the customer personally. If the customer does not wish to agree to changes to the general terms and conditions, he may terminate the agreement as of the effective date of these changes.
  4. The customer acknowledges and agrees that if he uses iGene's services after the changes to the general terms and conditions, this use will be considered as acceptance of the updated general terms and conditions.
  5. The software updates that are available to the customer must be downloaded from time to time. These updates are intended to improve, enhance and further develop iGene's services. The customer agrees to receive and download these updates and authorizes iGene to provide them to him, as part of the use of iGene's services. 

Article 19. Termination

  1. These general terms and conditions will continue to apply after termination of a paid or free account.
  2. The customer is entitled to terminate her subscription with iGene at any time, with a notice period of one month. This termination must be made in writing. If the customer sends an online message, iGene will ask the customer to confirm this termination, after which the paid subscription will be terminated.

Article 20. Applicable law

  1. All agreements concluded between the customer and iGene and the legal relationships arising therefrom are exclusively governed by Dutch law.
  2. All disputes arising from the relationship between the customer and iGene, concluded agreements, services provided and legal relationship created will be submitted exclusively to the competent Dutch court of the place of business of iGene, regardless of the country of origin of the customer or where the customer has access to iGene.
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