Unless the context requires otherwise, the following terms are defined and understood as follows:
"Customer" is a person who registers and / or uses Genetica® Services in Vietnam;
"Service" is a service package provided by Party A under the brand name of Genetica®;
"Service Cost" is the cost / price of Genetica® Service listed on the Website (Website) https://genetica.asia;
"Sample-Collecting Kit" is a kit provided to you by Genetica® to collect a Sample for the purpose of performing the Genetica® Service Package at the Customer's request;
"Samples" are saliva samples used for genetic analysis, taken from the Customer itself in accordance with Genetica® instructions and the instructions attached to the Sample-Collecting Kit;
"Service Request Form" is a Genetica® Service Request Form, made according to the form of Genetica®, completed and signed by Customer, and collected and provided to Party B by the Customer along with Sample-Collecting Kit;
"Testing" is a genetic testing (genetic analysis and decoding) performed by Genetica® and / or Licensee of Genetica® in accordance with the Services and Regulations of Genetica®;
"Permitted Party" is a partner of Genetica® and / or any other third party with a valid cooperation agreement with Genetica® in conducting genetic testing;
"Report" is a report of genetic analysis published by Genetica® under the Service package that Customer requires Genetica® to provide, Customer acknowledges and agrees that any and all information and / or any advice given in the Report is for Customer's reference only and all information contained in the Report is NOT considered to be Genetica®'s medical advice in any way;
"Working Days" is understood as days of the week, counting from Monday to Friday and includes these two days; not including Saturdays, Sundays and/or National Holidays under Vietnamese law and/or US law; Genetica® is not responsible for any delays related to the release of a Report that arise as a result of a force majeure event;
"Force Majeure Event" means all events which occur beyond the control and foresight, are not available, or cannot be overcome. Such events include, but are not limited to: war, riot, strike, fire attributable to neither Parties, floods, epidemics, quarantine reasons, accidents beyond control, policy changes by the competent authority, however any financial hardship is not considered an Force Majeure Event;
I. CUSTOMER RESPONSIBILITIES
- The customer is solely responsible for the Sample to be analyzed as a saliva sample ("Sample") and must be taken voluntarily and in accordance with the Genetica® sample-taking procedure.
- The customer assures that the Samples provided are legal (without coercion or error when collecting or taking samples). Customer is solely responsible for - accepting compensation for any loss or damage suffered by Genetica® when the Sample provided is illegal.
- Fill in the Genetica® Service Request Form ("Request Form"). The Company uses this information for return of results and is not responsible for the accuracy of the information provided.
- Ensure the prescribed age when registering and using the Services. In case that the user of the Service is under the age of 18, the biological Parent or Legal Guardian has confirmed his / her consent to request the Genetica® Service and to fill in the Request Form.
- Receiving Reports via the Genetica® Application ("Application") for security purposes and must access the Application with Genetica® ID and/or the correct phone number registered on the Request Form.
- Agree to the terms and conditions of use of the Service and Application.
II. RESPONSIBILITIES OF GENETICA®
- Perform the Service and timely issue a Report to the Customer.
- Responsible for the content of the Report and the quality of Services provided to the Customer.
- Respect for the privacy, safety and security of Customer information;
- Do not disclose Customer Information, Reports and Customer information to any third party, unless expressly agreed in this Letter or otherwise agreed by Customer, and except upon request from the competent authorities according to the current law provisions.
- Genetica® reserves the right to refuse to perform the Test and / or return the Report without incurring any
liability or refund to Customer if one of the following occurs:
- Samples do not qualify for Testing because the Customer does not comply with Genetica® procedures and / or instructions for Sampling.
- The sample provided by Customer is insufficient for us to perform the Test.
- Customers do not provide us with, upon request, information about the health, condition and medical history of individuals and other individuals directly related to Customer, but Such information is relevant to the Test.
- Genetica® has reason to believe that Customer has fraud and / or dishonesty which may result in liability for Genetica®.