General
Terms and Conditions
of Purchase and Use

Última modificación: 12 de Marzo de 2021

1. Purpose and generalities

The present general terms and conditions (hereinafter ‘Terms and Conditions’) regulate the products and services offered to users by Made of Genes, a registered trademark of GENOMCORE, S.L., with CIF (VAT number) B-66452160, registered in the Mercantile Registry of Barcelona, in volume 44.742, folio 201, page B-465.064, inscription 1, with registered office in Virgen de Guadalupe 18, 08950 Esplugues de Llobregat (Spain), and contact details as listed at the end of these Terms and Conditions.
 

These Terms and Conditions will apply to visitors of https://madeofgenes.com or any of its pages (hereinafter, “Website”), to users who have downloaded our mobile application (hereinafter, “App”), to users who have registered for our information services or to clients who have hired our services. From now on, we will refer to you as “User”. As a User, you agree to read these General Conditions and are bound by them without variation.

2. Description and nature of Made of Genes’ studies

Made of Genes offers Users the possibility of purchasing different molecular studies for the evaluation and improvement of their health. These studies are the ones that use or integrate one or more molecular techniques such as, for illustrative purposes, DNA sequencing or genotyping, the evaluation of gene expression, metabolic profiles, epigenetic or metagenomic analysis, as well as the techniques necessary for obtaining and processing your sample and its contextualisation through your clinical history or health data.

Made of Genes studies are not of a clinical nature and have not been designed for the purpose of diagnosing or treating diseases, but rather as a digital tool to integrate different variables and provide you with recommendations for healthy habits according to current scientific knowledge. If deemed appropriate, the healthcare professional responsible for your test may refer you to your doctor for the prescription of additional diagnostic tests. By their nature, some of the tests included in our studies and carried out by external laboratories may have diagnostic validity. However, Made of Genes cannot guarantee that the information presented on its Website or Apps will remain valid. You should always refer to the original report sent by the external laboratories.

Made of Genes studies have been designed to be used by people over the age 18 with no serious pre-existing conditions, with legal capacity to decide on their health status and under the supervision of a healthcare professional. If Made of Genes has reasonable suspicion of having collected information belonging to a minor or legally incompetent person without the approval of their legal representatives, said information will be immediately eliminated from our database and our services will be interrupted, and the client shall have no right to claim any type of refund or compensation.

3. Obligations of the User

You acknowledge and accept that the use you make of the information presented on our Website, Apps, or in our reports is conducted under your risk and responsibility and must be always supervised by a healthcare professional. Made of Genes is not responsible for the misuse or negative consequences from an inappropriate action or interpretation of the aforementioned information by the User. At Made of Genes we offer you the possibility of scheduling a visit with one of our healthcare professionals, who will help you and guide you both before and after doing your molecular study.

It is strictly prohibited to use our services, including our Website and Apps, for any activities that are illegal, fraudulent, invasive of the privacy of another person, discriminatory, violent, threatening, intimidating, abusive; that are related to gambling, lotteries, bets or explicit sexual content or services; that infringe patents, copyrights or the industrial or intellectual property of third parties; that constitute spam or mass sending of unsolicited requests or transactions; that try to prevent, limit or distort access and/or functioning of the Website, App and/or access terminals (mobile phones, computers) or their access and use to other Users; or that violate the current legislation or the freedom and rights of people in any way.

If Made of Genes considers that a User is using or has used our channels for illegal activities or activities that are expressly prohibited under the Terms and Conditions, breaches such Terms and Conditions, or provides false and/or fraudulent information, Made of Genes reserves the right to take actions in order to protect its own interests, those of its Users or members and/or third parties. Such actions may include, among others, blocking, temporarily suspending or closing the account of the offending User, without any compensation, without prejudice to the civil or criminal sanctions that may apply.

Made of Genes’ digital services (private area of the Website and mobile Apps) are based on the platform Genomcore FRONTDESK (hereinafter “Platform”), developed and managed by the same company (Genomcore, S.L.). The use of the Platform implies acceptance of the terms and conditions applicable to its End Users.

4. Made of Genes’ liability

You acknowledge and accept that, even though Made of Genes makes its best efforts to ensure the technical and factual accuracy of the contents of its products and services, this information is general and indicative in nature, as they cannot be deemed to be diagnostic. Any action must be supervised by a health professional. Consequently, Made of Genes is not responsible for the decisions made by the User based on the information provided through the Website, nor for the damages caused to the User or any third parties due to actions that are based on the information obtained therein.

We emphasise that our services are not suitable for clinical diagnosis. Any clinical interpretation must be based on data obtained through clinically validated techniques by laboratories under the supervision of a healthcare professional and put into the context of the User’s state of health. Made of Genes is not responsible for any possible consequences derived from partial, misleading or erroneous interpretations of the results or recommendations provided in its reports by persons with no specific training in health sciences.

Made of Genes will be responsible for the damages that the User may suffer from the use of the Service when these damages are due to our malicious action. Made of Genes is not responsible for damages that may arise from (i) interruptions, viruses, breakdowns, interferences, omissions or disconnections of its electronic system, communication system or equipment for reasons unrelated to Made of Genes; (ii) delays or blockages in the use of the Website or App due to issues or overloads on the Internet, lines, electrical systems, or communication systems; or (iii) illegitimate actions of third parties beyond Made of Genes’ control.

Made of Genes is committed to complying with all current legislation on personal data protection and performing a data protection impact assessment to that effect. It is also committed to holding all the necessary consultations to ensure an efficient data protection, ensuring compliance with the General Data Protection Regulation before and throughout the treatment, and supervising personal data processing when necessary, which includes making inspections and audits.

5. Registration

Prior to contracting the Service, the User may be required to register on any of the Made of Genes platforms (Website or App). Only naturales persons over eighteen (18) years old with legal capacity can register on these platforms. Any subsequent access to the Service must be by natural persons of legal age or by their legal representatives.

When registering, the User must provide its personal data with the purpose of being identified and, when appropriate, being contacted. The type of personal data that is requested and the use given to such datails is described in our Privacy Policy.

If we notice that the information provided by the user is incorrect or does not comply with any of the provisions herein, Made of Genes will have the right to limit, suspend or terminate your access to the platform or Service, while also taking the technical necessary measures.

6. Purchase and Service Request

The Made of Genes Service can only be purchased by individuals over 18 (eighteen) years of age with legal capacity in the geographies where the company operates.

The Service can be purchased: a) on the Made of Genes virtual store through our Website; or b) through a collaborating company, group or professional with which Made of Genes has entered into agreement. In this event, you will receive a voucher or coupon from your organization that you can exchange in the Made of Genes on-line store according to these General Conditions.

7. Prices, payment method, promotions and billing

Most of the services offered through our website consist of a single payment including the biological sample analysis, the additional analysis specified in each service, the delivery of the results, the access to our online platform and online consultation with a healthcare professional.

The payment must be completed when purchasing the Service, either by credit or debit card through a payment gateway enabled for this purpose or through our consumer financing service offered by “Aplazame” (option subject to to specific conditions by the financial institution).

After the payment is verified, Made of Genes will contact you and send you the information on how to proceed with the digital signature of the Informed Consent and the delivery of the biological sample.
The prices of service are clearly visible in the virtual store and are expressed in Euro currency. VAT and other taxes that may apply.

The Services, as well as their price or conditions, may be modified based on promotional offers or specific collaboration agreements with third parties. In such case you will be clearly informed of the conditions applicable.

If you have a promotional code with special conditions (e.g., discount) this code must be provided during the purchase process and the conditions associated with this code such as validity, expiration date, transferability must be respected. Made of Genes reserves the right to validate and, when appropriate, revoke promotional codes if a fraudulent use is noticed.

Payments through the virtual store will be managed through a secure payment gateway. The User guarantees that the card and its data are valid. The User is liable for the usage of such card. Made of Genes is not responsible for the fraudulent use of credit cards, in which case you should contact your bank.

Made of Genes will issue you a proof of payment or purchase in electronic format. The proof of payment will be send through the email indicated in the registration form. In some cases, Made of Genes will also send you an invoice when the purchase is completed. In the event that such invoice is not issued or you require any modification on it, you can request it at invoicing@madeofgenes.com Invoices are only issued on electronic format.

8. Returns and right of withdrawal

Because of sanitary measures, Made of Genes Studies cannot be returned once the biological sample analysis has begun. Nonetheless, the User has the legal right to withdrawal as long as: 1) The User did not go to the extraction center; or 2) the sample kit has not been sent to the User’s address. This means that the User may opt for cancellarion and refund of the amount paid as long as the extraction of the biological sample has not yet been carried out at the extraction center or an Extraction Kit has already been sent.

In the event that the User has requested a consultation with a Health Coach and later on decides not to attend or cannot attend the consultation, the price of the consultation will not be reimbursed if it hasn’t been noticed with a one Laborable day in advance. At no event, will the consultation be reimbursed if they are not carried out.
Gift Vouchers are not refundable and they are valid only for 6 (six) months. Before the 6-month-deadline the User can request an extension of the Gift Voucher, which will be extended for another 6 (six) additional months. After the period of 12 (twelve) months since the initial purchase, the Gift Voucher will be expired.

9. Validity of the Voucher

In some studies, Made of Genes will send you a voucher to deposit their biological sample at an external laboratory. A certain diligence is expected from the User. Under certain circumstances, when the User has not use the Voucher at the external laboratory, Made of Genes reserves the right to contact the User to check if there is any issue. In the event that, a few days before the completion of six (6) months from the purchase, the User still has not gone to the external laboratory, Made of Genes will contact the User to inform him or her that the Voucher could be expired due to inactivity. The User can request an additional six (6) months extension and as long as the Service is completed before the deadline. After this additional period, the User will no longer have the possibility of extending the Voucer which will expire without any right to a refund.

10. Discount Codes and Gift Vouchers

Made of Genes offers the possibility of entering a Discount Code or a Gift Voucher when purchasing the service, which may lead to a discount or special services. The validity and conditions of each code will be clearly displayed. In general, Gift Vouchers purchased through the Website will be valid for 12 (twelve) months. After such period of time, Gift Vouchers will expire without the right to refund.

11. Informed Consent

Before each Service provision, Made of Genes will ask you to read these Terms and Conditions. In the event that any doubt arises during this process, you may contact us through the means available at the end of these Terms and Conditions. You can choose to cancel the Service request.

If you declare that you understand and accept these Terms and Conditions without reservation, Made of Genes will send you a copy of these, as well as an Informed Consent form for your electronic signature through a trusted third party, who will attest to your consent by means of the Regulations. (EU) 910/2014 of the European Parliament and of the Council, of July 23, 2014, regarding electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93 / CE (eIDAS).

Once the Informed Consent has been signed, you will be provided with a Voucher so that you can go to one of the external laboratories for the extraction of your biological sample or, we will send you an extraction kit, depending on the service requested. At the external laboratory, you might be requested to sign an additional consent for the provision of such service.

12. Biological sample extraction

Made of Genes molecular studies require the extraction and processing of your biological sample. Depending on the service, the biological sample may vary (blood or a saliva sample). If a blood sample is requested, the extraction can only be carried out by a healthcare professional (nurse) in an accredited health centre. In the event of using a saliva sample, a self-sampling kit may be used, in which case you will be provided with the necessary instructions and materials.

Made of Genes orders the analysis of your biological sample to accredited clinical laboratories with whom we have entered into special agreements. The processing of the biological sample will be carried out entirely by these external laboratories in compliance with their protocols. In order to avoid the request of additional samples, necessary for re-analysis or errors in processing, you authorise the storage of your biological sample for a reasonable period of time in the external laboratory facilities. After the completion of your analysis, your sample will be destroyed and will not be used for other purposes.

Under certain circumstances Made of Genes may require an additional sample due to insufficient quality or quantity in the original sample. In these event, you will not have to pay any additional amount. However, in the event that you have requested a home DNA kit and the quality of the sample is not sufficient due to dismissing the sample-kit instructions, Made of Genes may request that you go to the closest collaborating centre to your home address to do the re-extraction. You can also request a second kit to your address with an additional charge.

13. Biological sample processing

Made of Genes molecular studies store biological information from different sources so that, in a secure and private way, it can be analysed massively using expert algorithms, statistical analysis techniques and machine learning that contextualises the biological state and User’s health to offer recommendations on certain actionable areas depending on your personal conditions.

When requesting our Service, the User must authorise the performance of a molecular test that may include genetic and / or metabolic markers. If you decide to request our Services, you expressly consent Made of Genes to digitise, store and process your clinical data on its platform and, where appropriate, to subcontract third-parties, duly accredited and highly qualified. After taking your sample, it will be analysed according to the description of each study on our Website.

If you do not consent the processing of your personal data in compliance with these Terms and Conditions and Privacy Policy, you must refrain from contracting the services of Made of Genes.

14. Delivery of Results

Depending on the Service purchased, you will receive one or more reports in digital or printed format. Whenever possible, we will also send you any original report issued by the clinical laboratory that may be of your interest. In general, the results will be delivered to you through the Made of Genes Website or App.

In the event that your study includes a printed copy of the report or you include this option separately, a printed copy of said report will be sent to your address. Despite the fact that Made of Genes subscribes confidentiality agreements with its suppliers and protects the right to postal secrecy, the printing and sending of your report will be carried out by an external courier company, being out of our control the diligence in the delivery of such printed reports.

In the case of delivery of reports in digital format, Made of Genes channels and applications will be used, encrypting connections using 256-bit SSL-TLS encryption, guaranteeing the confidentiality and integrity of communications. If this is not possible, you will be sent a link to an encrypted and password-protected PDF or ZIP file stored on our platform. The password will be communicated independently of the file through your usual communication channel (App, email or telephone).

Under certain circumstances, when your study has been purchased through your healthcare provider, Made of Genes will send your report to your healthcare provider and delivered through their usual channels.

15. Health Coaching

Made of Genes studies are designed to be contextualised with the assistance of a healthcare professional. We have a Health Coaching service at your disposal, that will advise you, either free of charge or at an additional fee, depending on the service.

Once the results have been delivered, you will have 2 (two) months to schedule a consultation with our health coach. Once this period has expired, the service will be terminated and, you will have to pay another service in order to receive a consultation. If you don’t show up to the consultation without a prior 24 (twenty-four) hour-notice, the Service will be deemed abandoned and terminated.

In the event that the Service is contracted through one of our partners, they may offer the health-coaching service, which will not be managed by Made of Genes.

At Made of Genes we highly encourage our Users to request professional health advice.

16. Study Content and Limitations

Made of Genes recommendations have been developed and reviewed by a team of experts in different areas of studies, such as: biomedicine, genetics, psychology, nutrition and sport according to information published in prestigious scientific journals or health guidelines and protocols. However, due to the complexity and innovation of the subject matter, this knowledge may evolve or vary over time, as well as new relevant research may appear.

Made of Genes recommendations are based on the levels set by clinical laboratories and established for healthy people without relevant health conditions. If a user has a relevant health history, pregnancy, is being medicated or has other conditions, the recommendations must always be contextualized by a duly trained healthcare professional.

The User agrees not to-and not to permit anyone else to-modify neither perform any act that will cause harm,  decompile or depreciate Made of Genes industrial and intellectual property rights. The User will not request the registration of any brand, name, symbol, logo, graphic, denomination or any other element or material that is identical, similar or an addition to the industrial and intellectual property rights, or that, in any way, may cause confusion with them. The User may not use any of the industrial and intellectual property rights as part of their corporate name, trade name or as a domain name.

17.  External Links

Our Website may contain links to third parties and other websites or resources on the Internet. Made of Genes will only be responsible for the content and services provided on the Linked Sites as long as Made of Genes is aware of their illegality and has not deactivated the link with due diligence. If the User considers that there is a Linked Site with illegal or inappropriate content, it can be notified to Made of Genes.

18. Made of Genes right to vary the Terms and Conditions

Made of Genes reserves the right to modify, at any time and without prior notice, the display and configuration of the Website, as well as these General Conditions, which will be immediately applicable when made public through this same means. Users will always have these General Conditions in freely accessible and visible place. Users must read these Terms and Conditiones carefully before purchasing or authorizing any Service through the Website and / or App.

Certain Services may contain specific conditions or particular conditions regarding the protection of personal data, which will prevail over these General Conditions. It is important that the User be aware of these specific conditions.

19. Complaints, claims and requests for information

Complaints, claims and-or requests should be address to Carrer Verge de Guadalupe, 18, 08950 Esplugues de Llobregat, Barcelona (Spain) or by email to legal@genomcore.com

The User may request to Made of Genes the official complaint-claim sheets.

20. Nullity

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.

21. Law and Jurisdiction

These Terms and Conditions as well as any contracts for the purchase of our Services through our Sites and App will be governed by Spanish law. If the User has the status of “consumer” in terms of the Spanish Consumer Act (“Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias”), the User may choose to file a claim with the Courts of their address. If the User is not a “consumer” in the terms of the aforementioned Act, any dispute arising from, or related to, such contracts or Terms and Conditions shall be subject to the jurisdiction of the courts of Barcelona (Spain).

22. Alternative resolution of consumer disputes

The User is informed about the existence of the online dispute resolution platform of the European Union.

23. Contact

Users can contact Made of Genes through the Contact page or interactive chat of the Website, by email to atencion.cliente@madeofgenes.com or by calling (+34) 932 20 90 65.

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