PLEASE READ THESE TERMS OF SERVICE CAREFULLY SINCE BY USING THE SERVICES, YOU AGREE TO BE BOUND WITH THESE TERMS OF SERVICE (THE “TOS”) AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES.

1. Definitions

(i) “Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been combined with that of other Users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.

(ii) “Customer Care” is the support functions offered by Gene Friend to User during the use of the Services.

(iii) “Gene Friend” means Gene Friend Vietnam Company Limited, which duly incorporated under the Enterprise Registration Certificate No. 0108276596 issued by the Department of Planning and Investment of Ho Chi Minh City on 16 May 2018, with its office locates at 6th Floor, Song Do Tower, 62A Pham Ngoc Thach Street, Ward 6, District 3, Ho Chi Minh City, Vietnam (also referred to as “we” or “us”)

(iv) “Genetica Account” is an account created free of charge by the User, and allowed by Gene Friend, on the Web for the purposes of his/her access and/or using the Services.

(v) “Gene Friend Research” means scientific research that Gene Friend performs with the intention to publish in a peer-reviewed scientific journal. The use of your information for the purpose of Gene Friend Research shall be in accordance with the consent in the applicable Letter of Consent, these TOS and the Privacy Statement.

(vi) “Permitted Party”/ “Permitted Parties” means Gene Friend’s Partner, i.e. Gene Friend Way, Inc., which incorporated under License No. 4086894 issued by the Secretary of State of California on 5 December 2017, and/or any other third party which has valid agreements with the Gene Friend in the provision of the Service.

(vii) “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Gene Friend collects, processes, stores, and uses the following types of Personal Information:

a) “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through the processing of your saliva sample by Gene Friend or by its Permitted Parties, successors, and/or assignees; or otherwise processed by and/or contributed to Gene Friend;

b) “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (including but not limited to, name, email, address, User ID and password, and payment information); and

c) “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Genetica Account.

(viii) “Privacy Statement” is the Gene Friend Privacy Statement located at https://genetica.asia/en/privacy-policy.

(ix) “Product Development” means research performed for the purpose of new product development and new product development activities performed by Gene Friend on de-identified User data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party

(x) “Service” or “Services” means Gene Friend’s products, software, services, and Website (including but not limited to text, graphics, images, and other material and information) as accessed and used from time to time by the User, regardless if the use is in connection with an Genetica Account or not.

(xi) “User” means any person who accesses or uses the Service and/or Web.

(xii) “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information generated by Users of Gene Friend’s Services and transmitted, whether publicly or privately, to or through the Web.

(xiii) “Web” means the Gene Friend’s website located at https://genetica.asia.

 

2. Acceptance of Terms

Your use of Gene Friend’s Services (excluding any services provided by Gene Friend under a separate agreement) is subject to the terms of the legal agreement between you and Gene Friend set forth in these TOS and in any and all documents incorporated herein by reference. Except as specified herein, these TOS apply to any use of the Services, including but not limited to (i) submitting a saliva sample for DNA extraction and processing, (ii) uploading a digital version of your Genetic Information and interacting with it on the Web, and/or (iii) creating and using a free Genetica Account without providing your saliva sample or Genetic Information. In order to use the Services, you must first agree to these TOS. You may not use the Services if you do not accept these TOS. You can accept these TOS by (i) clicking to accept or agree to these TOS, where this option is made available to you by Gene Friend for any Service; or by (ii) actually using the Services. In this case, you acknowledge and agree that Gene Friend will treat your use of the Services as acceptance of these TOS from that point onwards. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS. Gene Friend may also offer other services from time to time that are governed by different terms of service.

 

3. Prerequisites

Whether or not you submit your own saliva sample, a saliva sample of anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you use the Services and accept these TOS only when you are eighteen (18) years of age or older and have full capacity for civil acts to agree to these TOS on behalf of yourself or those for whom you have legal authority.

Neither Gene Friend’s Web nor any of its Services are designed for, intended to attract, or directed toward children under the age of 18.

 

4. Description of the Services

The Services include access to the Web and personal genotyping services, including the collection and analysis of your saliva sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Services shall be subject to these TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Gene Friend at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Gene Friend is constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Services which Gene Friend provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Gene Friend may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to Users generally at Gene Friend’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Gene Friend when you stop using the Services. Gene Friend assumes no responsibility for the use of Services outside the terms of these TOS or other applicable terms.

You are responsible for any Internet service fees as well as any device/ equipment which are necessary or required for your use of our Web and/or Services.

 

5. Risks and Considerations Regarding Services

Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from Gene Friend, your physician, a genetic counselor, or other health care provider.

We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions, prior to the collection of your sample for testing to learn more, so that you can make an informed decision about whether the test is right for you. A genetic counselor also can help you understand your results and options.

The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample up to 3.0% of the sample if (i) your saliva sample does not contain a sufficient volume of DNA, (ii) you do not provide enough saliva sample, or (iii) the results from processing do not meet our standards for accuracy. If the processing fails for any of these reasons, the User shall, at our request, provide us with other saliva sample (the second sample), and Gene Friend will reprocess the same at no charge to the User. However, in such case, the delay time shall not be counted into the time limit for Gene Friend to conduct and complete the process. In addition, Gene Fried shall not be responsible for any and all fees or expenses incurred by you as the result of such delay.

If the User sends another sample and Gene Friend’s attempts to process the second sample are unsuccessful, Gene Friend will not send additional Sample Collection Kits and the User will be entitled solely and exclusively to a complete refund of the amount paid to Gene Friend, less shipping and handling, provided the User shall not resubmit another sample through a future purchase of the service, except that Gene Friend shall have the right to reject to process your sample without any legal and refund responsibility for you, in any one of the circumstances as provided in the Section 3(vi) of the Letter of Consent. In addition, if the User breaches these TOS and resubmits another sample through a future purchase of the service and the processing is not successful, Gene Friend will not offer to reprocess the sample or provide the User a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, Users are not entitled to refunds where these Errors occur.

You should not change your health behaviors solely on the basis of information from Gene Friend. Please make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from Gene Friend’s Services. In any case, if you have concerns or questions about what you learn through Gene Friend, you should contact your physician or other health care provider. Please note that genetic risk assessment is not applicable to results of carrier screening tests.

Genetic research is not comprehensive. While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions.

Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others.

Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future.

We do not provide medical advice. The Genetic Information provided by Gene Friend is for your research and informational. The Services are not intended to be used by the User for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

Gene Friend does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Web. If we provide to you on our Web any recommendations that identify you, based on your Genetic Information and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider.

 

6. User Representations

By accessing the Services, you agree to, acknowledge, and represent as follows:

You understand that information you learn from Gene Friend is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You acknowledge that Gene Friend urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.

You give permission to Gene Friend, its Permitted Parties, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request Gene Friend to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.

You represent that you are eighteen (18) years of age or older and have full capacity for civil acts if you are providing a saliva sample or accessing your Genetic Information.

You guarantee that any saliva sample you provide is your own saliva; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you confirm that the saliva sample provided will be the saliva of that person.

You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.

You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.

Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing your Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Gene Friend or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

 

7. Account Creation, Genetica Account, Password, and Security Obligations

In consideration of your use of the Services, you agree to: (i) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Services; and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Gene Friend has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Gene Friend has the right to suspend or terminate your Genetica Account and refuse any and all your current or future use of the Services (or any portion thereof). The Services are for use only in the country to which your Sample Collection Kit was shipped from Gene Friend.

After you have purchased our Service(s), you will create a password and Genetica Account designation. You are responsible for maintaining the confidentiality of your password and Genetica Account, and are fully responsible for all activities that occur under your password or Genetica Account. If you allow third parties to access the Web through your username and password, you will defend and indemnify Gene Friend, its Permitted Party and any of its other affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and/or use. You agree to: (i) immediately notify Gene Friend of any unauthorized use of your password, your Genetica Account and/or any other breach of security, and (ii) ensure that you exit from your Genetica Account at the end of each session. Gene Friend cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

8. Gene Friend Privacy Statement and Disclosure of Information

Please read the Gene Friend’s Privacy Statement available at https://genetica.asia/en/privacy-policy carefully to understand how Gene Friend collects, processes, stores, uses and discloses information about Users and how to update or change your Personal Information and how we communicate with you.

You acknowledge and agree that Gene Friend has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Gene Friend may, in its sole discretion, restrict your access to the Web for any reason. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Gene Friend’s Services, the Web, or other systems. Gene Friend will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.

 

9. User Conduct – Unlawful and Prohibited Use

As a condition of your use of the Services and/ or the Web, you warrant to Gene Friend that you will not use the Services for any purpose that is unlawful or prohibited by these TOS and applicable laws. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

Furthermore you agree not conduct any act that is unlawful or prohibited by these TOS and applicable laws, and/or infringe legitimate rights or interest of any other User, and/or cause damage or harm to the Web and/or our Services.

You acknowledge and agree that you are solely responsible for (and that Gene Friend has no responsibility to you or to any third party for) any breach of your obligations or commitment under these TOS and for the consequences (including any loss or damage which Gene Friend may suffer) of any such breach. In case of your breach of any one of these agreements Gene Friend has the right to suspend or terminate your Genetica Account and refuse any and all your current or future use of the Services (or any portion thereof) and you will defend and indemnify Gene Friend, its Permitted Party and any of its other affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate the terms of this Section and/or Gene Friend has a reasonable ground to suspect that you have violated the terms of this Section, Gene Friend has the right to suspend or terminate your Genetica Account and refuse any and all your current or future use of the Services (or any portion thereof).

 

10. Material Posted Through The Services

Gene Friend will not, at all times, control any of the User Content posted via the Services and, as such, does not guarantee the accuracy, integrity, or legitimacy of such non-Gene Friend content. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Under no circumstances will Gene Friend be liable in any way for pre-screening, reviewing, filtering, modifying, refusing, or moving any content that is available via the Services, and/or for any non-Gene Friend content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services. However, Gene Friend shall have the right to remove any content that violates these TOS or is deemed by Gene Friend, in its sole discretion, to be otherwise objectionable.

 

11. Material Provided to Gene Friend – Your Proprietary Rights

(i) User Content: You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Gene Friend, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. Gene Friend does not claim ownership of the User Content you provide to Gene Friend (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain the copyright and any other rights you already hold over the User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Gene Friend, its affiliated companies, sub-licensees, Permitted Party, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, copy, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Gene Friend to make such User Content available to other companies, organizations, or individuals with whom Gene Friend has relationships, and to use such User Content in connection with the provision of Services.

You understand that Gene Friend, in performing the required technical steps to provide the Services to our Users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Gene Friend to take these actions. You represent and warrant to Gene Friend that you have all the rights, power, and authority necessary to grant the above license.

(ii) Genetic and/or Self-Reported Information: Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Please note that Gene Friend cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the Gene Friend Web. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Gene Friend has no obligation to do so on your behalf.

Your saliva sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our Web for more information on sample processing. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from Gene Friend as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and TOS, shared with or included in Aggregated Genetic and Self-Reported Information, shared with research partners, including commercial partners.

(iii) Waiver of Property Rights: As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Gene Friend or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

 

12. Indemnity

You agree to defend and hold Gene Friend, and its subsidiaries, affiliates, officers, agents, Permitted Parties, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of these TOS; or your violation of any rights of another.

If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and hold harmless Gene Friend, its employees, Permited Parties, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate the access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Gene Friend, its employees, Permited Parties, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

 

13. No Resale of Service

Unless otherwise agreed in a separate agreement between you and Gene Friend, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Services, use of the Services, or access to the Services.

 

14. Modifications to Services

Gene Friend reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that: (i) modifications may result in a delay in computations for some of the Gene Friend features or Services, and (ii) Gene Friend shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Software (as defined below in Section 19) that you use may from time to time automatically download and install updates from Gene Friend. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Gene Friend to deliver these to you) as part of your use of the Services.

You acknowledge that Gene Friend may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

 

15. Termination

Gene Friend may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and Genetica Account(s)) if: (i) you have breached any provision of these TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of these TOS); (ii) Gene Friend is required to do so by the law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) the Permitted Party with whom Gene Friend offered the Services to you has terminated its relationship with Gene Friend or ceased to offer the Services to you; (iv) Gene Friend is transitioning to no longer providing the Services to Users in the country or state in which you reside or from which you use the Services; or (v) the provision of the Services to you by Gene Friend is, in Gene Friend’s opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Gene Friend shall not be liable to you or any third party for any termination of your access to the Services.

 

16. Survival of Terms

When these TOS come to an end, all of the legal rights, obligations, and liabilities that you and Gene Friend have benefited from, been subject to (or which have accrued over time while these TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding Services); 6.(User Representations); 7.(Account Creation, Genetica Account, Password and Security Obligations); 8.(Gene Friend Privacy Statement and Disclosure of Information); 9.(User Conduct – Unlawful and Prohibited Use); 10.(Material Posted through the Service); 11.(Material Provided to Gene Friend – Your Proprietary Rights); 12.(Indemnity); 13.(No Resale of Services); 15.(Termination); 16.(Survival of Terms); 17.(Dealings with Information Providers and Listed Resources); 18.(Hyperlinks and third party Website); 19.(Gene Friend Proprietary Rights); 20.(DISCLAIMER OF WARRANTIES); 21.(LIMITATION OF LIABILITY); 22.(Notice); 24.(Violation or Suspected Violation of TOS); and 25.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.

 

17. Dealings with Information Providers and Listed Resources

Your correspondence or business dealings with, or participation in promotions of, information providers, vendors, and/or resources found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Gene Friend shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Services.

18. Hyperlinks and the Third Party Website

The Services provides, and third parties may provide, links to other sites and resources on the Internet (“Third Party Sites and Resources”). Since Gene Friend has no control over such Third Party Sites and Resources, you acknowledge and agree that Gene Friend is not responsible for the availability of such Third Party Sites or Resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites or Resources. You further acknowledge and agree that Gene Friend shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third Party Site or Resources.

 

19. Gene Friend’s Proprietary Rights

You acknowledge and agree that Gene Friend (or Gene Friend’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Gene Friend and that you shall not disclose such information without Gene Friend’s prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Gene Friend, you agree not to and not to permit anyone else to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Gene Friend and/or its suppliers. Your use of the Software is governed by the terms of the end User license agreement, if any, which accompanies or is included with the Software (“License Agreement“). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

Gene Friend Way, Inc., Gene Friend, Genetica, and other Gene Friend’s logos and product and service names are trademarks of or licensed to Gene Friend and these marks together with any other Gene Friend trade names, service marks, logos, domain names, and other distinctive brand features are the “Gene Friend Marks“. Unless you have agreed otherwise in writing with Gene Friend, nothing in these TOS gives you a right to use any Gene Friend Marks and you agree not to display, or use in any manner, Gene Friend Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by Gene Friend, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names, or logos.

For any Software not accompanied by a License Agreement, Gene Friend grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Gene Friend, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Gene Friend, in the manner permitted by these TOS. Unless Gene Friend has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Gene Friend for use in accessing the Service. Any rights not expressly granted herein are reserved.

 

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(i) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENE FRIEND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(ii) GENE FRIEND MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(iv) ANY AND ALL ADVICE OR INFORMATION (INCLUDING BUT NOT LIMITED TO THE GENE INFORMATION), WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENE FRIEND, AND/OR THROUGH OR FROM THE SERVICES, ARE ONLY FOR THE PURPOSE OF YOUR REFERENCE, SHALL NOT BE TREATED IN ANY WAY AS MEDICAL ADVICE, SHALL BE USED AT YOUR OWN RISK AND SOLELY RESPONSIBLE FOR BY YOU, AND SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

(v) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENE FRIEND DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENE FRIEND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

(vi) ONLY YOU ARE RESPONSIBLE FOR THE COMPLETION, ACCURACY AND LEGITIMACY OF INFORMATION AND/OR THE SALIVA SAMPLE PROVIDED BY YOU TO GENE FRIEND AS WELL AS GENE FRIEND’S USE OF SUCH PERSONAL INFORMATION AND SALIVA SAMPLE IN ACCORDANCE WITH THESE TOS.

 

21. LIMITATION OF LIABILITY

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENE FRIEND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENE FRIEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (iii) YOUR FAILURE TO KEEP YOUR PASSWORD OR GENETICA ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

 

22. Notice

Notices to you may be made via either email or regular mail. Gene Friend may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on or through the Services.

Official notices related to these TOS must be sent to us at:

Gene Friend Vietnam Co., Ltd.
6th Floor, Song Do Tower, 62A Pham Ngoc Thach Street, Ward 6, District 3, Ho Chi Minh City, Vietnam

Any notices that you provide without compliance with this section on Notices shall have no legal effect.

 

23. Changes to these TOS

Gene Friend reserves the right to change, modify and/or eliminate all or any portion of these TOS at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Web, and you waive any right you may have to receive specific notice of such changes or modifications. You acknowledge and agree that if you use the Services after the date on which these TOS have changed, Gene Friend will treat your use as acceptance of the updated TOS. Therefore, you should review these TOS frequently to understand the terms and conditions that apply to the Services. If you do not agree to the updated TOS, you must stop using the Services.

 

24. Violation or Suspected Violation of TOS

If you violate the terms of these TOS and/or Gene Friend has a reasonable ground to suspect that you have violated the terms of these TOS, Gene Friend has the right to suspend or terminate your Genetica Account and refuse any and all your current or future use of the Services (or any portion thereof).

 

25. Miscellaneous

(i) Entire Agreement

These TOS constitute the entire agreement between you and Gene Friend and govern your use of the Services, superseding any prior agreements between you and Gene Friend on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

(ii) Applicable Law and Dispute Resolution

All claims or disputes arising out of or in relation to these TOS or the Services shall be resolved in accordance with applicable laws in Vietnam.

(iii) Waiver

The failure of Gene Friend to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

(iv) Admissibility of printed version

A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

(v) Section Titles

The section titles in these TOS are for convenience only and have no legal or contractual effect.

(vi) Assignment

You may not assign or delegate any your rights or obligations under the TOS. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate any and all our rights and obligations under the TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Gene Friend for any third party that assumes our rights and obligations under these TOS.

 

Last updated on: September 03, 2019