GENE STORY TERMS AND CONDITIONS OF USE OF WEBSITE
Introduction
These Terms and Conditions of Use (“Terms”) describe the rules for visitors of this website (Gene Story) (the “Site”) that constitutes a legally binding and enforceable agreement between you and Gene Story Pte. Ltd., its affiliates and subsidiaries (collectively, “Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean a visitor of the Site who may include, but not be limited to, individuals or businesses whom we interact with including patients, healthcare providers, professionals or consultants.
By using the Site, you agree to be bound by the Terms, and consent to the collection, use and disclosure of personal data described in our Privacy Policy, which is incorporated by reference into these Terms. You are advised to read the Terms and Privacy Policy carefully before using the Sites. If you do not agree to the Terms, please exit and leave the Site immediately.
The Site also serve as a platform for us to market our services, and all information on the Site is strictly for general information only and does not constitute medical advice whatsoever.
Acceptance
You represent and warrant that you are of legal age and possess the legal right to accept the Terms and to use the Site in accordance with the Terms. Otherwise, you may only use the Site with the consent of your parent or legal guardian who must review and discuss the Terms with you.
If you are using the Site on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity and all reference to “you” in the Terms shall accordingly be construed to refer to that entity.
The Company reserves the right to terminate your account on the Site without prejudice to any other legal right or remedy the Company may have against you, where you have acted in breach of these Terms.
Validity
The Terms shall remain in full force and effect if you have an account with us and use the services. We reserve the right to terminate or suspend your account at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion.
Modifications
These Terms were last updated on 18.05.2023. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Site or an email associated with your account. By continuing to access or use the Site, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop accessing or using the Site.
Your account
You must create an account to use the services. By creating an account, you authorise us to collect and use certain information, including but not limited to your name, residential address, contact number and nationality [to confirm]. Alternatively, you may login to your account using your e-mail or Google account [to confirm]. Please refer to our Privacy Policy for more details on the information we collect from you and how we use it.
When you create an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is also important that you keep your account password confidential and that you do not disclose it to any third party. You also agree that you are solely responsible for the activity that occurs under your account, and do not assign your account to anyone.
Fees, Refund and Cancellation Policy
Fees
The Site provides for paid services at the fees indicated therein for the collection, extraction and analysis of your genetic information based on your saliva sample or any other forms of informed provided by you (“Paid Services”). The Paid Services include, but are not limited to, the purchase of saliva collection kits for the purposes of DNA analysis. The Paid Services are provided by us, our affiliates and partners on an “AS IS” basis and are based on current biomedical reasarch and technology used by us, our affiliates and partners. You will not be able to use the Paid Services if you do not pay these fees. You are responsible for paying all fees, applicable taxes (if any) and associated costs charged by the Company in a timely manner with a payment mechanism associated with the Paid Services. Subject to our refund and cancellation policy below, refunds may be available for Paid Services at our sole and absolute discretion.
By using the Paid Services, you agree to the following:
1. The fees may be subject to variation in accordance with prevailing foreign exchange rates at the time of payment (if you are based overseas);
2. Unless otherwise specified, you may pay for the Paid Services in Singapore Dollar (SGD);
3. To declare and pay any local taxes as applicable on the fees for the Paid Services;
4. You may use the credit card(s) or other payment method(s) specified by us in connection with the payment and that the information you supply is true, correct and complete;
5. We, or our choice of payment platform, may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make;
6. That the actions of third-party logistics providers and payment platforms that you have selected from the options available on the Site are not within our control and by selecting a third-party logistics provider or payment platforms, you shall hold the Company harmless against all losses and damage you incur due to the actions or ommissions of such third-party logistics providers or payment platforms;
7. Subject to our cancellation and refund policy, all purchases are non-refundable; and
8. Taxes payable by you are calculated based on the billing information at the time of purchase.
We may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on our Site.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Site are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
Refund and cancellation policy
Subject to our sole and absolute discretion, all purchases of the Paid Services on Site are strictly non-refundable and cancellations are not allowed. In the event where your saliva sample does not contain enough human DNA material or turns out to be uninterpretable or contaminated or the results from our laboratory do not meet our standards of accuracy or established standards for processing of DNA samples, we may make one more attempt to process the same sample at our laboratory without additional charge [to confirm]. Where your saliva sample remains unable to be processed or interpreted, we shall inform you of the outcome of testing and you acknowledge that your receipt of the outcome of testing shall constitute delivery of the Paid Services and you are required to repurchase the Paid Services should you wish to reattempt to analyze your saliva sample.
Your obligations
You hereby represent, warrant and/or undertake the following:
1. You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Site, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Site;
2. You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Site. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Site, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied on the Site or any derivative works thereof;
3. You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on or using the Site. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Site or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Site nor any derivative works thereof;
4. You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Site or any derivative works thereof unless permitted to under these Terms;
5. You must not violate (or help or encourage others to violate) these Terms or our policies, including the Privacy Policy;
6. You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Site, disrupt our website or any networks connected to the Site, or bypass/circumvent any measures we may use to prevent or restrict access to the Site;
7. You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Site without our express permission;
8. You must not post, on any medium, app, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Site that violates someone else's rights, including intellectual property;
9. You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Site;
10. You must not use the Site in a manner that may create a conflict of interest or undermine the purposes of the Site, such as trading reviews with other users or writing or soliciting shill reviews;
11. You must not use the Site to upload, transmit, distribute, store or otherwise make available in any way:
12. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
13. any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
14. any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
15. any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
16. any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
17. any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
18. any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
19. otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose the Site or its users to any harm or liability of any type.
20. The results, findings or reports relayed to you following testing and analysis of your saliva sample (“Results”) are solely for your informational purposes and you shall not use the Results for any commercial or collateral purpose other than as a source of information for your own understanding only.
21. Where you are an entity, the additional requirements under this sub-clause (l) shall apply to you. You shall not, in the course of operation of your business, make any adverse or derogatory comment about the Company, its directors or employees, nor do anything which shall, or may, bring the Company, its directors or employees into disrepute or otherwise attempt to taint the Company’s goodwill; and you shall indemnify the Company and its affiliates, partners, officers and employees against any costs or damages that might arise from your violations of these Terms.
Deletion of genetic data and DNA samples
If you wish to delete your genetic data and DNA samples which you may access from your account on the Site, please contact our Data Protection Officer at [insert email]. We will endeavour to respond to your request as soon as reasonably practicable and no later than one (1) month after receipt. Upon deletion of your genetic data and/or destruction of your DNA sample, we will not send you any further information in your genetic report.
Copyright
All content, text, links, graphics, logos, icons, photos, audio, videos or other materials uploaded, downloaded or appearing on the Site (the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. You may download or review the Content strictly for non-commercial purposes only, for which we grant you a limited, non-exclusive, non-assignable and non-transferable licence for that purpose, provided you comply with these Terms.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Site nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.
Trademarks not owned by us that appear on the Site are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Site. We will not be responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Site.
Intellectual Property Rights
We own (and are entitled to enforce) all proprietary rights in the Site, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains copyrighted material, trademarks, and other proprietary information by us and/our licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Disclaimer
The Results are only for your information and does not substitute or displace professional medical advice. We are not medical practitioners; we do not practice medicine or provide medical services, recommendations or render any diagnosis by providing the services. The services are solely provided to you for your own consideration and the information on the Site is strictly for general information only and do not constitute any advice whatsoever.
Please seek advice from your physician or healthcare provider for any questions regarding diagnosis, prevention or cure of any disease or condition. You agree to waive any liability against, and hold us harmless in respect of, any loss, damage, cost or expense (“Damage”) you suffer, or any Damage suffered by us due to any action, claim, proceeding or judgment against us wheresoever commenced or issued, where you have made medical decisions for yourself without professional medical advice.
We make no guarantees, representations or warranties, whether express or implied, with respect to the use of the Site. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Any information provided to you based on your information and scientific research are solely intended for informational purposes only or for discussion with your physician or healthcare provider.
We are not a party in any of the dealings or fulfilment of the services between the user and the healthcare provider (where applicable). We are not responsible for the conduct of any user. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site and/or any other damages resulting from communications with other users or persons you meet on or through the Site (where applicable). You agree to take all necessary precautions in all interactions with other users.
The accuracy of data, programs or materials accessed through this Site is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
- carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
- obtain any appropriate professional advice, including professional advice from a registered medical practitioner, relevant to the user’s particular circumstances.
Third party content
The Site may contain hyperlinks to websites or platforms operated by third parties. We do not control such websites or platforms and we do not review, control or monitor the materials found there. We are not responsible for their content or privacy practices. Such hyperlinks are inserted for convenience and reference only and are not an endorsement of material at those sites, or any associated organization, product or service. You are responsible to make your own decision about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps.
Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Site due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
By using the Site, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Site or your access to it.
Relationship
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Indemnity
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Site, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Site, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers.
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of medical decisions you have made without professional medical advice.
You acknowledge that the Results: (i) should not be regarded as medical advice; (ii) are incapable of constituting medical advice in and of itself; and (iii) you are solely responsible for seeking medical advice following your review of such results, findings or reports before making any medical decision.
You further acknowledge that the Company does not owe any duty of care to you simply by the provision of information or medical information in Results or testing of your saliva sample, and shall not be regarded in any way negligent to you by reason of the provision or non-provision of any information or medical information in the Results.
Warranties
The Site is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SITE) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).
WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SITE. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SITE OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Amendments
The Company reserves the unfettered right to modify the Site with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You are responsible for regularly reviewing the content to obtain timely notice of such amendments. We may also remove or refuse to distribute any content on the Site, limit distribution or visibility of any content on the Site, and suspend or terminate users, without liability to you.
Third party rights
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
Governing Law
These Terms (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of the Republic of Singapore.
All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within seven (7) days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
General
1. The Company does not warrant that your access and usage of the Site will always be safe and seamless in its operation. The Sites may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
2. You undertake not to utilise the Site to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Site and/or your breach of these Terms.
3. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
4. You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
5. If at any time any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.
6. No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by the Company preclude any other or further exercise of it.
7. These Terms contains the whole agreement between you and the Company relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in these Terms.
Google Analytics / Usage Information
1. We use Google Analytics to understand how our customers engage with our business so you we can deliver better experiences and drive results.
2. We do not use cookies to track your activity on the Site or across other sites. Google Analytics uses event-based measurement architecture, pure interaction data such as page loads, button clicks, conversion events, and transactions to generate anonymized data for the Company’s analysis.
The Company gathers certain information and stores them in log files automatically in order to improve the Site’s services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Site, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.
1. The Company and/or its service providers may use local storage to store content information and preferences.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Site through specific devices:
Apple
Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Site on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Site or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Site.
In the event of any failure of the Site to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Site, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Site.
Apple is not responsible for addressing any claims by you or a third party relating to the Site or your possession or use of the Site, including without limitation (a) product liability claims; (b) any claim that the Sites fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Site or your possession and use of the Site infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
Google Play
By downloading the Site from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Site that you download from Google Play, and;
- You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.