General Terms and Conditions of Purchase and Use
Last update: 26th October 2021
1. Purpose and Generalities
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.
Our 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.
Before hiring the Service, the User may be required to register on any of the Made of Genes platforms (Website or App). To be able to register, individuals must be at least eighteen (18) years old and have the legal capacity to contract. Once the Service has been provided, the account can only be accessed by natural persons of legal age, or failing that, their legal representatives.
If Made of Genes has reasons to believe that the information provided by the User is inaccurate or fails to comply with any of the provisions of these Terms and Conditions, we may limit, suspend or terminate your access to the platform or Service, taking any technical measures necessary for that purpose.
6. Purchase and Service Request
Made of Genes’ Service may be sold only to individuals of 18 (eighteen) years of age or older who have legal capacity in the areas where the company operates.
The Service can be acquired: a) via the online shop on our Website; or b) through a collaborating company, group or professional with which Made of Genes has established a distribution or collaboration agreement. In this case, you will receive a voucher or coupon which can be redeemed in the Made of Genes online shop as stated in these Terms and Conditions.
7. Prices, Payment Method, Promotions and Billing
Most of the services offered on our Website require a single payment that includes the collection and analysis of your biological sample as specified in each Service, as well as the delivery of results, access to our online platform, and an online consultation with a healthcare professional.
All Services must be paid in full at the time of purchase, either by credit or debit card via a payment gateway, or through our consumer financing service offered by Aplázame (this option is subject to the specific conditions of the financial institution).
Once the payment has been verified, Made of Genes will send you all the information on how to proceed with the electronic signature for informed consent and the delivery of your biological sample.
The price of each Service is expressed in euros (€) and clearly shown in our online shop and during the order confirmation process. VAT or other taxes may apply.
The nature of our Services, as well as their price or conditions, are subject to change based on promotional offers or specific collaboration agreements with third parties. In this case, you will be clearly informed of the applicable conditions.
If you have a promotional code with special conditions (e.g., a discount code), this code must be redeemed at checkout. The conditions associated with the promo code must be met, such as its validity, expiration date or transferability. Made of Genes reserves the right to validate and withdraw any promotional code if misuse is detected.
All payments on our online shop are made via a secure payment gateway. The User guarantees that the card data is valid. The User is liable for the use of this card. Made of Genes cannot be held responsible for the fraudulent use of a credit card, in which case you should contact your bank.
Proof of payment or purchase will be sent to the email address provided in the registration form. In some cases, Made of Genes will also send you an invoice when your order is complete. If such invoice is not issued or you need to modify an issued invoice, you can make the request at firstname.lastname@example.org. Invoices are only issued in electronic format.
8. Refunds and Right of Withdrawal
Because of sanitary measures, Made of Genes’ health studies are non-refundable once the process of analysing your biological sample has begun. Nonetheless, the User has the right to withdraw as long as: 1) the User has not gone to the collection centre yet; or 2) the sample collection kit has not been sent to the User’s address. This means that Users are entitled to a full refund if they choose to cancel provided that the blood sample has not been collected, or the sample kit has not been dispatched.
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 coaching session, the price of the consultation will not be refunded if the User does not give at least one working day’s notice. Similarly, the consultation included in our studies will in no case be refunded if it is not held.
Gift vouchers are not refundable and they are only valid for 6 (six) months. Before the six-month time limit expires, the User can request to extend the gift voucher, which will then be valid for an additional 6 months. Once the 12-month period has ended the gift voucher will expire permanently.
9. Validity of the Referral
For some studies, Made of Genes will send you a referral to one of our collection centres so that a healthcare professional can take your blood sample. The User is expected to attend the centre diligently. Under certain circumstances, if the User has yet to go to the collection centre, Made of Genes reserves the right to contact the User to check if there is an issue. In the event that the User still has not gone to the collection centre a few days before the six-month time limit, Made of Genes will contact the User again to inform them that the referral is about to expire. The User may then request to extend the validity period by an additional six (6) months, provided that it is requested before the time limit ends. After this additional period, the User will no longer have the possibility of extending it further and the referral will be forfeited with no entitlement to refund.
10. Discount Codes and Gift Vouchers
Made of Genes offers the possibility of redeeming a promo code or a gift voucher when purchasing the Service, which may result in 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 from the date of purchase. Vouchers not used within this 12-month period will thereafter be forfeited with no entitlement to refund.
11. Informed Consent
Before the provision of each Service, Made of Genes will ask you to read these Terms and Conditions. Should any doubt arise during this process, you may contact us through any of the channels indicated at the end of these Terms and Conditions. You may also choose to cancel the Service request.
If you confirm that you understand and accept these Terms and Conditions without reservation, Made of Genes will send you a copy, as well as an informed consent form for you to sign electronically via a trusted third party that will authenticate your consent, according to Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on 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 referral to go to one of our collaborating centres for the collection of your biological sample or you will be sent a sample collection kit, depending on the chosen study. At the collection centre, you might be asked to sign an additional consent form for the provision of their service.
12. Biological Sample Collection
Made of Genes’ molecular studies require the collection and processing of a biological sample. Depending on the Service, either a blood or saliva sample is taken. The blood sample must be taken by a healthcare professional (i.e. nurse) in an accredited collection centre. If a saliva sample is needed, you may use a self-collection kit to collect it, which will be sent to you with all the necessary instructions and materials.
Made of Genes delegates the analysis of your biological sample to accredited clinical laboratories with whom we have entered into special agreements. The sample processing will be entirely performed by said external laboratories in compliance with their protocols. You agree that your sample will be stored in the laboratory facilities for a reasonable period of time, with the purpose of avoiding the request for additional samples that might be needed on account of reanalysis or processing errors. Once the analysis is complete, your sample will be destroyed and it will not be used for any other purpose.
Under certain circumstances, Made of Genes may require an additional sample due to insufficient quality or quantity in the original sample. In that case, you will not have to pay any additional amount. However, in the event that you have requested an at-home DNA kit and the quality of the sample is not sufficient as a result of not collecting the sample as instructed, Made of Genes may ask you to go to your nearest collection centre to take your sample or send you another kit for an extra charge.
13. Biological Sample Processing
Made of Genes’ molecular studies store biological information from different sources so that it can be securely and privately analysed on a massive scale using expert algorithms, statistical analysis techniques and machine learning. This allows us to contextualise the biological and health status of the User, so as to offer actionable recommendations on specific priority areas based on their personal determinants.
When requesting our Service, the User must authorise the execution of a molecular test that may include genetic and/or metabolic markers. By requesting our Services, you expressly authorise Made of Genes to digitise, store and process your medical data on its platform, and where applicable, to subcontract third party service providers that are duly accredited and highly qualified. Once your sample is collected, it will be analysed as indicated in the description of each study on our Website.
14. Delivery of Results
Depending on the contracted Service, you will receive one or more health 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 interest to you. Generally, the results will be delivered through the Made of Genes Website or App.
In the event that your study includes a hard copy of the report or that you add this option separately, said printed copy of the report will be sent to your address. Despite the fact that Made of Genes signs confidentiality agreements with its service providers and protects the secrecy of correspondence, your report will be printed and sent by external courier services, which means their diligence in delivering printed materials is beyond our control.
Reports in digital format will be delivered through Made of Genes’ channels and applications, which protect connections using 256-bit SSL-TLS encryption, thus 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 to you separately through your usual channel (via App, email or telephone).
Under certain circumstances, when the study has been purchased through your healthcare provider, Made of Genes will send your report to said healthcare provider and delivered to you through their usual channels.
15. Health Coaching
Made of Genes’ studies are designed to be clarified and contextualised by a healthcare professional. We offer a health coaching service either free of charge or for an additional fee – depending on the Service – through which our team of specialists in different health-related areas provide personalised advice and support.
Once the results have been delivered, you will have 2 (two) months to schedule a consultation with one of our health coaches. After this period, the Service will be terminated and you will have to pay another service in order to have a consultation. If you fail to show up for a scheduled appointment and did not cancel at least 24 (twenty-four) hours in advance, the Service will be deemed to have terminated.
If the Service is contracted through one of our partners, said partner may offer the health coaching service, in which case it will not be managed by Made of Genes.
In any case, at Made of Genes we highly encourage our Users to seek professional health advice.
16. Content and Limitations of the Studies
Made of Genes’ recommendations have been developed and reviewed by a team of experts in different areas such as biomedicine, genetics, psychology, nutrition and sport, according to information published in prestigious scientific journals or current health guidelines and protocols. However, due to the complexity and innovation of our studies, this knowledge may evolve or change over time, and new relevant research may be published.
Some of the recommendations are based on the reference ranges set by clinical laboratories, which are established for healthy people with no relevant health conditions. If a User has a relevant medical history, is pregnant, is taking medication or has any other condition, the recommendations may not reflect their specific needs and must therefore be contextualised by a qualified healthcare professional.
The User will not carry out or allow any action that may be detrimental or reduce the value or validity of Made of Genes’ industrial and intellectual property rights. The User shall not register nor apply to register any brand, name, symbol, logo, chart, denomination or any other element or material that is identical, similar or an addition to Made of Genes’ industrial and intellectual property, or that may give rise to confusion. The User may not use any of the industrial and intellectual property rights as part of their corporate name, business name or domain name.
17. External Links
Our Website or App may contain links to third parties and other websites or resources on the Internet (hereinafter ‘Linked Sites’). Made of Genes will only be responsible for the content and services provided on the Linked Sites inasmuch as the company is aware of their illicitness and has not deactivated the link with due diligence. If the User considers that there is a Linked Site with illegal or inappropriate content, they may notify Made of Genes.
18. Modifying or Changing Terms and Conditions
Made of Genes reserves the right to modify the layout and content of the Website at any time and without prior notice, including these Terms and Conditions, which will take effect immediately after their publication. Our Terms and Conditions will always be easily accessible and highly visible on the Website. Users must read these Terms and Conditions carefully before purchasing or authorising any Service through our Website and/or App.
Certain Services may contain specific or special conditions concerning the protection of personal data, which will prevail over these Terms and Conditions. It is important that the User is aware of these specific conditions.
19. Complaints, Claims and Information Requests
Any complaints, claims and/or requests may be sent to Carrer de la Riba, 36 Edifici Baronda, Espai A, 08950 Esplugues de Llobregat, Barcelona (Spain) or by email at email@example.com.
The User may request an official complaint form.
If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
21. Law and Jurisdiction
These Terms and Conditions, as well as any contracts for the purchase of our Services using the Website 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 area of residence. If the User is not a ‘consumer’ in terms of the aforementioned Act, any dispute arising from or related to said 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 (ODR) platform of the European Commission.
Users can contact Made of Genes through the contact page or chat box on our Website, by email at firstname.lastname@example.org or by calling us on (+34) 932 20 90 65.