Terms and Conditions
General scope of services
GENOMA's Products and Services portfolio consists of innovative genomics predictive medicine analysis that are carried out using state of the art technologies and the highest level of quality.
The objective of the services is to help patients to take the right medical decisions with their doctors, being aware of a particular disease or risk or disease.
GENOMA will provide its services in its own laboratories and/or laboratories owned by other company of the ESPERITE GROUP, and/or third parties depending on the selected service. All laboratories facilities involved in the provision of these services meet the toughest quality standards in conformity with nationally and internationally imposed legal standards of Quality and Technical Assurance standard operating procedures.
These general terms ("general terms and conditions") are valid for all current and also for future services of GENOMA. Deviating, conflicting or additional general terms of business do not become part of the contract even if acknowledged unless their validity is expressly agreed in writing.
Conclusion of the service agreement
For the purposes of this Service Agreement, the Client is every person who enrolls his/her order on the website of GENOMA and so declares his/her obligatory contractual commitment for his/her own account and/or on behalf of his/her (unborn) Child. The offer to the Client remains binding for a period of 2 weeks from the enrolment of the Client’s order provided that the Client/sender has submitted all necessary declarations / informed consent duly signed in the designated places in the order form. The Client has the right to withdraw from the Agreement without giving any reason at any time before submitting to GENOMA the necessary documentation involved to the provision of the selected service. The same Client’s details will appear to the invoice that will be issued from GENOMA to the Client as invoice recipient. The Client agrees that the execution of the service will start according to the information provided in the special Annex of the Service that is selected by the Client.
Validity period of price lists
The prices are valid for the respective concluded contract. The offered prices are subject to change and are valid until withdrawn. Sales tax (VAT or else) is included in the price, unless it is visibly differently marked.
The customer can make payments according to the options offered on the GENOMA website. GENOMA reserves the right to exclude specific payment types.
An invoice will be issued at the Client's attention for each purchase on GENOMA's website.
The Client must ensure, especially when paying from outside Switzerland, that the payment is received by GENOMA in full and without any deductions. The Client bears responsibility for all expenses, especially for international cross-border transfers.
Parent(s) and/or Legal Guardian(s) (as applicable) are jointly and severally liable for full and timely payment of the invoiced fees.
GENOMA has developed a coupon interface that belongs to GENOMA for the distribution of coupons for the GENOMA services. With the coupons, the clients will be able to purchase services and products directly from GENOMA with a discount. The coupons are personal and cannot be assigned, or bought or sold to third parties for profit.
Before applying the coupon on purchase of GENOMA services, the Bearer/Client should be adequately informed on the services provided and consult a healthcare professional provider.
The coupons are valid for a single use (one service) and cannot be combined with other offers. The coupons are valid for a single use (one service) and cannot be combined with other offers. The coupons are not refundable and/or object of negotiation between the Bearer/Client and GENOMA. GENOMA reserves the right to reject the coupon without justified reason, especially if there is a reasonable suspicion of fraud.
The validity period of use of the coupons is discretely marked in the coupon as expiration date.
GENOMA reserves the right to change the coupons system distribution and conditions of use at any time.
Data protection - Confidentiality
Client agrees to the processing and storage of personal data (including personal data of the Child), by GENOMA or its agent, distributor, affiliate or subcontractor which has come to GENOMA's knowledge in the course of performing the services and otherwise under this Agreement. Client agrees to receive updates in relation to the Services by GENOMA or its associated partners.
GENOMA will use Client's personal data information only for the purposes of providing the Services and will treat the Client's personal information and/or the Child's personal information as confidential. The Client's and the Child's personal data will be processed in conformity with all applicable regulations for Data Protection.
GENOMA will not disclose such personal information to third party except with the client's prior agreement or as required by the applicable laws. GENOMA will disclose personal data of the Client to the attending physician of the Client only if the Client has agreed explicitly in written to such a disclosure.
Rights to the products and services
Unless otherwise defined by applicable laws, all rights related to the Product(s) and Services are attributed to the person whose sample has been collected. The rights and obligations of the Child gained under this Agreement shall be practiced by his/her parents/legal guardians until his/her adult age.
The Client acknowledges that:
- He/she has the ability to legally represent the Child in case the Sample that is subject to the Service is coming from the Child;
- He/she has consulted his medical consultant to review this Agreement and any other document or form attached thereto;
- He/she has read and understood all the provisions contained in this Agreement and Annexes;
- The decision to order and perform the Services on the sample is a personal act entirely voluntary;
- He/she has read and understood the contents of the information inherent in the "Informed Consent" and that the results of the services will be communicated to the Client and/or the medical doctor indicated by the Client in the Registration Form attached, depending on the Service that is chosen;
- Any aspect of the Products and Services as well as possible (future) use thereof have been evaluated by a qualified professional medical doctor, not being directly or indirectly related to GENOMA, including any risks associated with the foregoing;
- He/she assumes all risks arising from collection and transport of the sample while GENOMA for its own work predisposed with necessary measures in accordance with the state of the art equipment and constant updates;
- GENOMA does not provide any service in medical consultation or exercise any other function other than it was enacted expressly in this Agreement and expressly excludes any commitment to provide other types of services, unless expressly mentioned into the special annex of the related Service.
Limitation of liability
GENOMA's liability is limited to wilful misconduct or gross negligence.
GENOMA is not liable for the activity carried out by qualified personnel designated by the Client and/or in case of damage, loss, destruction or deterioration of the sample occurring before receipt of the sample by GENOMA in its laboratory facilities designated by GENOMA for the provision of the selected service by the Client. GENOMA does not assume any liability linked to deterioration or loss of the sample during the shipment of the Sample from the Client to the laboratory. Furthermore, GENOMA does not assume any liability for deterioration of the sample during analysis and processing, in the laboratory facilities designated by GENOMA for the provision of the selected service. GENOMA does not assume any liability for its potential inability to provide tests results for technical or medical reasons due to the quality of the sample. GENOMA is in no event liable for any damage or deterioration to the sample caused by inefficiencies or deficiencies in the treatment protocol.
In case of potential liability of GENOMA the Client agrees and accepts that such liability will be limited in total and in aggregate to the amount of the Fee paid by the Client to GENOMA under this Agreement.
GENOMA cannot be held liable for, and expressly excludes all Liability for, any possible loss or damage due to natural disasters, act of war or terror, riot, strike, vandalism, acts or omission of authorities or any events beyond GENOMA's control which cause, destruction of, or deterioration to the sample and/or inability to the provision of the services.
The Client shall immediately notify GENOMA in writing of any changes in the information provided, including relocation and/or change of address. All notifications to GENOMA shall be sent to the following address: GENOMA SA, 12 Chemin des Aulx, 1228 Plan les Ouates, Switzerland; by registered postal service, or electronically, by email to the registered email of GENOMA SA.
GENOMA may completely rely on the data made available in writing by the Client, without any obligation to make further inquiries with respect to the correctness or actuality of such data.
GENOMA shall be entitled to assign the benefit of this Agreement to any other Company of the ESPERITE Group, affiliate or legal entity of the same financial interests at any time, subject to the Assignee assuming responsibility to discharge GENOMA obligations to this Agreement and GENOMA shall inform the Client thereof in writing within a reasonable time thereafter.
This Agreement shall be governed by, and construed in accordance with Swiss law. The Parties hereby agree to the exclusive jurisdiction of the Geneva courts in Switzerland. This does not affect the right GENOMA may have to take action in any court of competent jurisdiction.
The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Should any provision of this Agreement be invalid or unenforceable or should this Agreement contain an omission, the remaining provisions shall remain valid. In the place of an invalid provision or an omission, a new, valid provision - which comes economically closest to the one, actually agreed upon provision or, in the event of an omission, the intentions set forth in this Agreement is presumed to be agreed upon by the Parties.
GENOMA reserves the right to unilaterally amend the above terms and conditions prior to written notification to the Client within sixty (60) days, in case of changes inapplicable legislation or rules and regulations.'
The GENOMA website (www.genoma.com) includes forward-looking statements about our anticipated results that involve risks and uncertainties. Some of the information contained in this website including, but not limited to, statements as to industry trends and GENOMA's plans, objectives, expectations and strategy for its business, contains forward-looking statements that are subject to risks and uncertainties that could cause actual results or events to differ materially from those expressed or implied by such forward-looking statements. Any statements that are not statements of historical fact are forward-looking statements. When used, the words "believe," "plan," "intend," "anticipate," "target," "estimate," "expect" and the like, and/or future tense or conditional constructions ("will," "may," "could," "should," etc.), or similar expressions, identify certain of these forward-looking statements. Important factors which could cause actual results to differ materially from those in the forward-looking statements are detailed in filings made by GENOMA's with the Securities and Exchange Commission. GENOMA's undertakes no obligation to update or revise any such forward-looking statements to reflect subsequent events or circumstances.