Last revision: 12th February of 2020
1. Purpose and generalities
These general conditions of use (hereinafter, the “General Conditions”), regulate the use of the services offered to users by Made of Genes, a registered trademark of GENOMCORE, SL (hereinafter and indistinctly, “Made of Genes” or “us”), with CIF B-66452160, registered in the Mercantile Registry of Barcelona, volume 44,742, folio 201, page B-465,064, 1st entry, with registered office at Virgen de Guadalupe 18, 08950, Esplugues de Llobregat ( Spain) and email firstname.lastname@example.org, through the Website or App.
Access to the Website is free, except for the cost of connection through the telecommunications network provided by the access provider that the user has contracted.
These General Conditions will apply regardless of whether the user is a visitor to the Website, or has registered with us as a client (hereinafter, the “User”). When using the Website or App for the first time, it will be understood that the User agrees to review these General Conditions and to be bound, without reservations of any kind, by them. The use of the services of the Website or App implies the acceptance of the User, without reservations of any kind, of each and every one of these General Conditions.
Made of Genes services have been designed to be used by individuals over 18 (eighteen) years of age and with legal capacity to decide on their health status. Any access to the provision of the services offered, as described below, must be made by persons of legal age with the capacity to contract or, failing that, by their legal representatives. If at Made of Genes we become aware or have reasonable suspicion of having collected information belonging to minors or the incapacitated without their due representation, said information will be immediately deleted from our database and the provision of the service will be interrupted, without the right to claim any type return or compensation.
In order to facilitate the understanding of these General Conditions and speed up their reading, a series of terms and entities are detailed below that are used throughout them on a recurring basis, regardless of whether they are formulated in the plural or singular:
DNA: Acronym for “deoxyribonucleic acid”, the molecule responsible for storing and transmitting hereditary information from one generation to another in living beings. Its most common conformation is in the form of a double helix formed by a multitude of subunits, nucleotides, of which there are 4 varieties commonly represented by their initial letters A, T, C, G.
Analyst: natural or legal person with the knowledge and technical resources necessary to provide genetic analysis and / or diagnosis services; whether
It is made up of one or more owners responsible for carrying out the provision of services, who act individually or together with their team.
Biochemical Analysis: procedure that through chemical reactions or processes allows evaluating the levels of a certain Metabolite present in the End Customer’s blood.
Mobile Application or App: software designed to be used on mobile devices such as smartphones or tablets, available through the application stores of your device provider. In this specific document we refer to the “Made of Genes” application available in the iOS App Store and the Android Android Marketplace.
Genetic Counselor or Counselor: specialized professional involved in the process of genetic counseling and advice to the End Client where he informs him of the suitability, limitations and scope of the different genetic tests in collaboration or in parallel with the Healthcare Professional.
End Client: natural person subject to a genetic analysis whose clinical information, including the genomic sequence, is stored in the Made of Genes Platform and who, either through said Platform or through the Healthcare Professional, contacts the Analyst and / or the Genetic Counselor to request and, where appropriate, contract their services.
Prior Genetic Counseling or Counseling (Pre): Process prior to the genetic test where the Genetic Counselor or, where appropriate, a Healthcare Professional, informs the End Client of the scope, limitations, nature and possible consequences of the genetic test, and / or collects additional information from family or personal history that allows evaluating the specific case.
Subsequent Genetic Advice or Advice (Post): Process after the genetic test where the Genetic Counselor or, where appropriate, a Healthcare Professional, informs the End Client of the result of the genetic analysis, being able to recommend a referral to a specific specialist or the performance of tests additional.
Consent (Informed): formal procedure through which an End Client agrees to carry out an analysis or medical investigation that for this purpose may involve the transfer or processing of their Personal Data to Made of Genes or to a third party who will sign the himself and the Health Professional in charge of the request. Each consent will inform of the purpose and use, limitations of the technique, the nature of the information transferred, the consequences of the analysis or interpretation (as appropriate) to be carried out, the identity of the third parties involved in the analysis or research, as well as the time maximum of the assignment. Said information must be defined jointly by the Genetic Counselor, the Analyst, the Healthcare Professional and the End Client, as appropriate. Each service or project will require a specific consent, either under the supervision of a Genetic Counselor or Health Professional who requests it or that is requested by a different Health Professional, even if both belong to the same health center.
Coverage (Sequencing): Typically indicated by a number followed by “X” (eg, 30X, 200X) signifying the number of times that regions of interest have been sequenced, on average, in a sequencing experiment. Multiple readings allow a greater ability to detect mutations and variants.
Health Data: in general, any health information referred by the End Client and, specifically, any information resulting from relationships between family members, data on the sequence of DNA fragments, history of diseases, etc.
Genomic Data: type of Health Data corresponding to the complete or partial sequencing of the DNA of a genome, and by extension, to other data of molecular origin such as RNA, proteins or the like.
Raw or Raw Genomic Data: type of Genomic Data with information obtained at the end of a sequencing process, which does not allow its interpretation without prior processing of these data.
Processed or Annotated Genomic Data: information resulting from the subsequent processing of the data obtained from a sequencing process. For example, the processing required to order DNA fragments (mapping) in a mass sequencing process.
Personal Data: any information about an identified or identifiable natural person (“the interested party”); an identifiable natural person shall be considered any person whose identity can be determined, directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data, an online identifier or one or more elements of identity. physical, physiological, genetic, psychic, economic, cultural or social of said person. This includes, but is not limited to, Genetic Data, Genomic Data, Raw Genomic Data, and Processed Genomic Data.
Genetic Diagnosis: purpose of a test that seeks to confirm or rule out a clinical suspicion of a pathological nature of genetic origin. Diagnostic are those that have been certified in accordance with current regulations and are performed through accredited procedures in a clinical laboratory, such as molecular validation techniques such as Sanger or PCR.
Exome: An exon is the coding region of a gene, which is subsequently translated into a functional unit (RNA, proteins). Not all the information in a gene is translated into functional units, only the information corresponding to the fragments within a gene called exons. The exome is the set of all exons within a genome. In humans, the exome comprises approximately 2% of the nucleotides of the genome, about 50 million nucleotides. Since many commercial capture kits include so-called Un-Translated Regions (UTR) adjacent to the beginning and end of the comprising gene, the definition of Exome used in Made of Genes includes 3% of the genome, about 70 million nucleotides in total.
Gene: DNA fragment with a specific sequence of nucleotides, which the body interprets to make one or more proteins. These proteins will be responsible for the formation and basic functions of an organism or the cause of certain diseases when they are not performing their function correctly. A gene is composed of a protein-coding region (exons) and a non-coding region (introns).
Genome: All the hereditary material (DNA) of a species. Each cell in an organism has a copy of the genome. In humans, the genome comprises 3.2 billion nucleotides grouped into 23 chromosomes; in each cell there are 2 copies, originally one by the mother and the other by the father.
Genotyping: Non-sequential DNA analysis technique, which allows the massive analysis of many simple polymorphisms in a single experiment.
Health Guide: Report provided by Made of Genes that combines different End User Health Data to offer recommendations for the promotion of non-clinical health.
Secondary Findings: Although the Made of Genes way and protocols for accessing genomic data minimize incidental information encounters, due to the nature of the genome, information unrelated to the primary reason for the study but which may have relevant implications for your health may be found. or that of their blood relatives. Secondary findings are results that reveal actionable and relevant medical information unrelated to the primary target for genetic testing.
Health Coach: professional expert in one or more health areas with specific training to provide general advice on health and well-being to End Clients.
Genetic Markers: specific DNA fragment, locatable in the genome and variable between individuals. Used in research to identify other nearby genetic elements, or with predictive or diagnostic uses. We consider concrete examples of Genetic Markers Simple Nucleotide Polymorphisms (SNPs), Copy Number Variations (CNV) or genetic regions identified by their coordinates.
Metabolite: A molecule present in biological processes that affects its performance.
Monogenetic (Diseases): also known as rare or Mendelian, they are diseases that occur in very low frequency in the population. Although individually they are of low frequency, as a whole they are not so rare: it is estimated that there are about 8,000 and that 1 in 17 Europeans will suffer from some disease of this type at some point in their life. They are especially important in newborns since 75% of cases affect children, of which the most severe effects appear before 5 years of age. They receive this name because they have a clearly genetic cause, generally very specific and involving a single gene.
Panel: study of a predetermined number of genes associated with a specific pathology or condition. For example, a panel on breast cancer studies 16 genes that can increase the risk of this disease.
Virtual Panel: Panel that is performed on the basis of a more exhaustive experiment, for example, a panel of 16 genes in breast cancer that is performed on the basis of a complete Exome of 21,000 genes.
Healthcare Professional: professional dedicated to healthcare, duly qualified and registered, subject to current regulations as defined in Law 44/2003, of November 21, on the Regulation of Health Professions.
Platform (Made of Genes): private computer system that allows the obtaining, maintenance and processing of Genetic Data, at the same time that it provides the necessary functions to manage information flows, access to data and other interactions of the User.
Prescriber: professional legally authorized to request and prescribe health services and who informs the User of the scope and potential consequences of a Service.
Regions of Interest: the Human Genome comprises, approximately, some 3,000 million bases. In Made of Genes studies these 3 billion positions are never studied at the same time, instead we focus on specific regions (Regions of Interest) based on the specific study request. This is especially relevant in Virtual Panels, where only the regions of the genes involved in the requested pathology are studied.
Sequencing: process by which the nucleotide sequence of a specific piece of DNA is massively identified, transforming chemical information into text, which can be digitized later.
Website: https://madeofgenes.com, https://madeofgenes.genomcore.net, https://genom.care or any of the pages or websites that Made of Genes uses to provide its Service.
Mass Sequencing Technologies, Next Generation Sequencing or NGS: diverse set of methodologies to sequence long DNA fragments, such as exomes or complete genomes. Between them they have a first step in common where DNA is divided into fragments of a few hundred nucleotides that are sequenced in parallel, and which must then be rearranged.
Validation, Orthogonal Validation: Diagnostic Technique that seeks to confirm some results. Examples of Validation techniques are Polymerase Chain Reaction (PCR), Sanger Sequencing or Multiplex Ligation Dependent Probe Amplification (MLPA).
3. Obligations of the User
The User acknowledges and accepts that the use of the Website or the Made of Genes App is carried out at their own risk and responsibility, for which Made of Genes is not responsible for the misuse or improper use of the Website or the App. The User is solely responsible for the use of the Service in accordance with the General Conditions and current applicable legislation.
At the same time, the User acknowledges and accepts that the provision of the Made of Genes Service requires the supervision and approval of a healthcare professional and can only be provided through authorized clinical channels.
The use of the Service for illegal, fraudulent activities, which are invasive of the intimacy and privacy of people, discriminatory, violent, threatening, intimidating, abusive, are related to gambling, lotteries, gambling or explicit sexual content or services is strictly prohibited. , infringe patents, copyrights or the industrial or intellectual property of third parties, constitute spam or massive sending of requests or unsolicited transactions, intend to prevent, limit or distort access and / or operation of the Website, App and / or terminals of access (mobile phones, computers) or their access and use to other Users, or that in any other way violate current legislation or violate the freedom and rights of people.
In the event that Made of Genes has indications to consider that a User uses or has used the Service for illegal activities or expressly prohibited in these General Conditions, breaches them, or provides false and / or fraudulent information, Made of Genes reserves the right to right to take legal or any other kind of action that it deems appropriate to protect its own interests, those of other Users or members of Made of Genes and / or third parties outside of Made of Genes. Said actions may include, among others, the blocking, temporary suspension or closure of the account of the offending User, without any consideration, without prejudice to the civil or criminal actions that may correspond.
4. Responsibility of Made of Genes
The User acknowledges and accepts that, although Made of Genes makes its best efforts to ensure the technical and factual accuracy of the contents of its Service, these are nevertheless general and indicative in nature and any presentation of health services must be supervised by a professional sanitary. 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 third parties due to actions based on the information obtained therein.
We emphasize that the Made of Genes Service is a health promotion service not suitable for clinical diagnosis. Any clinical interpretation must be based on data obtained through clinically validated techniques offered by duly accredited clinical laboratories under the supervision of a Healthcare Professional and contextualized to the health status of the End Client. Made of Genes is not responsible for the possible consequences derived from partial, misleading or erroneous interpretations of the results or recommendations provided in its reports by persons without specific training in health sciences.
Made of Genes will only be responsible for the damages that the User may suffer from the use of the Service when said damages are due to our malicious action. By way of example, but not limited to, Made of Genes is not responsible for damages that may arise from (i) interruptions, viruses, breakdowns, interferences, omissions or disconnections of the electronic system, the communication system or its equipment for reasons unrelated to Made of Genes; (ii) delays or blockages in the use of the Website or App due to deficiencies or overloads on the Internet, on the lines or in the electrical or communication systems or (iii) from the illegitimate actions of third parties beyond the control of Made of Genes.
Made of Genes undertakes to scrupulously respect the current legislation on the protection of personal data and in this sense, carry out an evaluation of the impact on the protection of personal data of the processing activities to be carried out; carry out the corresponding prior consultations to ensure that we offer diligent data protection; ensure, previously and throughout the treatment, compliance with the General Data Protection Regulation; supervise the treatment, including the performance of inspections and audits.
5. Terms of Service
5.1. DEFINITION OF THE SERVICE
The Made of Genes Personalized Health Service (the Service) is comprised of a catalog of studies that interpret End Client Health Data for the preservation and improvement of their health and well-being.
The services offered, according to their nature, are classified into two categories: (i) Wellbeing Services (Vital) where the relationship between genetic and biochemical markers of the patient is studied to provide personalized recommendations in different areas of well-being such as nutrition, sports or aging healthy and (ii) Genetic Prevention Services (Health) where genetic variants that may have an impact on the present or future health of the End Client are studied according to the risks identified in the Genetic Consulting. In both categories, the purpose of the Service is to provide actionable information for use as support in the development of health plans. Made of Genes Services are limited to obtaining, integrating and processing the End Client’s Health Data as well as advice on this process and are offered with the collaboration of duly accredited clinical laboratories of which the End Client will be duly informed in the moment of service request. As part of this service, the obtaining, safe storage and management of the genomic and biochemical analytical data of the End Client will be carried out, as well as an accompaniment service offered by qualified professionals that includes both Genetic Counseling or Counseling and general health supervision. and well-being by a Health Coach, depending on the nature of the contracted service. Said services, even contracted through Made of Genes, may be provided by collaborating third parties with whom Made of Genes has formalized collaboration agreements according to the current legal framework.
5.2. SERVICE AVAILABILITY
The Made of Genes Service is offered to persons over 18 years of age with autonomy to decide about their health and requires the delivery of a petition signed by a Health Professional, Genetic Counselor or Professional duly trained in genetics in a duly accredited center for the management of biological samples and health care with whom Made of Genes has established a collaboration and / or distribution agreement. The geographical availability of the service is limited to that offered by these collaborating centers and can be consulted through the Website.
Prior to contracting the Service, the User may be required to register on any of the Made of Genes platforms (Website or App). Only individuals over eighteen (18) years of age with the capacity to contract may register on these Platforms. Any subsequent access to the provision of the Service must be by persons of legal age or, failing that, by their legal representatives. In this regard, at the time of registration, the End Customer must provide, at least, the following information:
• General Contact Information: Name, Surname, Telephone and E-mail
• Identification data: DNI / NIE / Passport
• Demographic data: Sex, Date of Birth
• Billing information: Address
• If genetic counseling is requested: Existence of a family history
In the event that the information provided is incorrect or is incompatible with any of the conditions presented in this document, Made of Genes will have the right to limit, suspend or terminate your access to the Platform or the provision of the Service, adopting any technical measure whatsoever. necessary for that purpose.
5.4. CONTRACTING AND REQUESTING THE SERVICE
The Made of Genes Service can only be contracted by individuals over 18 (eighteen) years of age with legal capacity to contract under the supervision of a Healthcare Professional. The Service can be contracted in two ways: (i) Through the Made of Genes virtual store https://shop.madeofgenes.com (Virtual Store) or (ii) through a collaborating company. In the event that the service is contracted through the Virtual Store, the End Client may request the desired service and Made of Genes will deliver the necessary document to attend a collaborating extraction center where the test will be performed. The results will be delivered through the Platform. In the case of tests that require Prior Genetic Counseling, it will be provided prior to the extraction of the biological sample through the Telemedicine tool available on our Platform. The final hiring of the service will require the approval of the Genetic Counselor or Healthcare Professional.
In the event that the service is contracted through a third collaborating company, the particular conditions of this contracting will be informed by the third party prior to contracting. In any case, the End Client must have at their disposal the advice of a Professional at the time of granting their Informed Consent before the extraction of the biological sample. Once the End Client has the authorized request form and informed Consent, a blood sample will be drawn in a duly authorized clinical laboratory or collection center and the sample will be analyzed. In order to avoid, within reason, the taking of additional samples necessary for re-analysis or errors in the processing, the End Customer must authorize the conservation of their sample in the seroteca of the laboratory in charge of processing. This biological sample will only be used for this purpose. We inform that the lack of said authorization may imply the impossibility of providing the Service in question. Likewise, the End Clients from whom a biological sample is collected, declare that they are not aware of being carriers of any viral disease that may affect the people who must work with it. If it is, please contact us at the email email@example.com in order to manage your case with additional precautions and comply with the standards required by our suppliers.
5.5. PROFESSIONAL SUPPORT
5.6 NATURE OF THE SERVICE
From a care point of view, genetic conditioning factors and metabolic markers can act as risk factors in different diseases, as well as they can later provide Health Professionals with valuable information that allows their prevention, diagnosis or improvement of the quality of life of users . Regardless of said medical application, the human genome also contains a source of information on individual biological variability, so that these factors can be taken into account when designing personalized treatments or services and products.
The Services provided by Made of Genes, allow obtaining and storing said information in a secure and private way and facilitate its interpretation, both at the present time and in the future.
When requesting our Service, the End Customer must authorize the performance of a genetic test with which Raw Genomic Data will be generated and, optionally, in the Vital product range, a metabolic analysis.
In this sense, the End Client who decides to contract the sequencing or genotyping service offered by Made of Genes, expressly authorizes Made of Genes to store and process such clinical data on its platform and to subcontract parts of this service to external providers duly accredited and highly qualified. If you do not consent to said processing of your personal data by third parties as provided in the section “Processing of Personal Data”, the Customer must refrain from contracting the services of Made of Genes. After the extraction of the blood sample, this sample will be analyzed according to the corresponding genotyping, sequencing or biochemical analysis protocol, as contained in the description of each service on the Website.
Although all human beings have a very similar genome, we all have unique variations in our genome. Therefore, the fact of processing the DNA reads (Raw Genomic Data) against a Reference Genome will generate an indeterminate number of discrepancies between the two, which is known as “Genomic Variants”. Genomic Variants are data derived from Raw Genomic Data that are generated by external information that can be variable, so we consider them Processed Genomic Data.
Raw Genomic Data, which are the result of a standardized technological process, are stored in an invariable way on our Platform. Unlike these, the Processed Genomic Data can vary periodically with new scientific advances; being able to generate in multiple ways and derive different conclusions about them.
In order to facilitate subsequent analyzes, as well as to perform a general quality control of the data obtained, Made of Genes needs to pre-process the Raw Genomic Data automatically once generated. Specifically, we carry out the following calculations, which may vary slightly depending on the type of experiment:
1) Mapping Raw Genomic Data to the Reference Sequence.
2) Quality Controls
3) Depending on the specific request:
to. Annotation of Genomic Variants in the Regions of Interest.
b. Integration of Genetic Data with Metabolic Data
c. Calculation by own or third party algorithms of the
recommendations present in the reports or Health Guides
d. Partially automated generation of the Health Report or Guide.
Once the Health Data of the End Client has been obtained and processed, Made of Genes will proceed to the conservation of these without carrying out any analysis
interpretative of the same, leaving to the choice of the End Customer the possibility of making additional requests in the future either for the update of the same service or for the performance of new services.
For the provision of its Service and for the sake of continuous improvement, Made of Genes requires as an intrinsic part of its Service the storage of aggregated and anonymized information derived from this process, such as the frequency of the Observed Variants, Coverage levels in the Regions of Interest or Levels of Biochemical Markers, among others. This information allows detecting deviations in the results, calculating normal values or evaluating and improving the recommendations provided.
The processing of data in the Made of Genes Service is carried out in a partially automated way, which means that the steps described above are carried out using computer techniques and have the final validation of a professional. For certain services in the Health range, reports may include additional items written by a professional.
In order to ensure the confidentiality of Genomic Data, Made of Genes implements a computer system that allows, for each End Customer, the unique encryption of their Genomic Data. Encryption is a process or security measure whose purpose is to make certain information unreadable except for those people who have a key that enables its decryption.
5.7. CONTENT AND LIMITATIONS OF THE REPORTS
In the Vital range Reports, the End Customer will find separate personalized health recommendations in different subject areas based on the analysis of genetic or biochemical markers or a combination of both. The recommendations and normality levels are established for healthy people without important health conditions. In the case of End Clients with relevant health history, pregnancy, medicated or with other conditions, the recommendations may not reflect their specific needs. In any case, the recommendations of the Vital range reports do not replace the recommendations, treatments or diagnoses by a Healthcare Professional. End Clients must always interpret their results together with a professional. Likewise, we inform that the biochemical values in the recommendation reports do not replace in any case the clinical report prepared by a duly accredited diagnostic laboratory, which will be delivered together with the recommendation report.
In the Reports of the Health range, the End Customer will find a genetic screening study (Screening) and / or the analysis focused on a clinical suspicion (Virtual Panel). In both cases, the presence of positive results will be complemented by a Molecular Validation report using the orthogonal technique issued by a duly accredited diagnostic laboratory. It should be mentioned that in general, Mass Sequencing Technology is not approved for diagnostic uses in clinical settings, the information provided in the automated reports being merely informative for subsequent diagnosis. For this reason, if the verification of certain clinical conditions is required, orthogoanal techniques (PCR, Sanger, etc.) must be performed that may require an additional biological sample from the End Customer.
Made of Genes reports, as well as all reports made from high-throughput genetic analysis technologies, have technical limitations that affect their scope. Said limitations, as well as specific details of the processing, are reported in detail in each report.
5.8. ELECTRONIC INFORMED CONSENT CHANNEL
During the Informed Consent process, the End Client may authorize the validation of their identity through telematic methods through the Platform for the authorization of new Services according to Regulation (EU) 910/2014 of the European Parliament and of the Council, of 23 of July 2014, regarding electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93 / EC (EIDAS).
In case of activating this service, during the registration process on the Platform, the End Client may use their personal password and an SMS-OTP code sent to their mobile device to electronically validate and sign new documents with full legal validity, so that undertakes not to disclose this password to third parties and to take the appropriate security measures to ensure its integrity.
Through this channel, the End Client may issue new Requests and Informed Consents that will inform them of the purpose, the nature of the information transferred, the consequences of the analysis or interpretation (as appropriate) to be carried out, the identity of the Applicant, as well as the time maximum of the assignment. In each Consent, the End Client will be informed, on screen or in writing, of the content of the new provision of Service, being able to keep a copy of it. Likewise, the Client will receive a copy by email once the signing process has been completed.
To prove the integrity of the signed document, a consent certificate will be created including the SHA-256 Hash of the document and it will be temporarily sealed by a trusted third party (Timestamping Authority) as well as, additionally, it will be entered in a data block distributed through Blockchain technology, using its implementation in the Bitcoin system. The validation of this seal will be verifiable through the website https://genom.care. The End Customer may at any time check the integrity of the document by comparing the relevant SHA-256 values.
The digital signature processes may be canceled, replaced or exchanged, at the request of the End Client or the Healthcare Professional by means of a handwritten signature, although this will not invalidate the documents previously signed with any method. This is especially relevant in the event that the End Client does not have a personal account, and it is the Healthcare Professional who gives the End Client an informative document on physical support that must be signed by hand.
In each Service Request, in case there are third parties involved that request part or all of the analysis or interpretations of these for assistance purposes and the End Client authorizes it, these third parties must be able to keep a copy of them in the interests of Law 41 / 2002, of November 14, basic regulation of Patient Autonomy. Made of Genes obliges all its collaborators to guarantee that the data will have a security level, at least equivalent to that implemented by Made of Genes, who has implemented an Information Security Management System certified by the ISO 27001 standard.
5.9. PRICES, FORM OF PAYMENT, PROMOTIONS AND BILLING
In general, the Services offered through the virtual store https://shop.madeofgenes.com consist of a single payment that includes the taking of a biological sample, its analysis as specified in each service, the delivery of the results. , access to the on-line Platform and professional support by a Genetic Counselor or Health Coach through a telemedicine platform.
The prices associated with each service are clearly visible in the virtual store and during the request confirmation process and are expressed in the Euro currency.
The nature of the Service, as well as its price or conditions may be modified based on promotional offers or specific collaboration agreements with third parties, in which case the End Customer will be informed of the conditions applicable to the Service in each case.
In case of having a promotional code that potentially gives access to special contracting conditions, this code must be entered during the purchase process and the conditions associated with this code must be respected, such as its validity conditions, expiration date, transferability or other conditions which will be indicated at the time of delivery of the code.
Made of Genes reserves the right to revoke codes, even after their application, if fraudulent use of them is detected.
Payments through the virtual store will be managed through a secure payment gateway by bank card. The User guarantees and takes responsibility that all the data provided on his card are valid and that said card is fully valid. Made of Genes is not responsible for the fraudulent use of credit cards, in which case the End Customer must contact their bank.
The User consents to MoG issuing his proof of payment in electronic format. In case of requiring an invoice for a certain service, the user may request it to firstname.lastname@example.org and an invoice will be sent in electronic format.
5.10. RETURNS AND RIGHT TO WITHDRAWAL
As it is a personalized health service, the Services marketed through the Made of Genes Virtual Store do not allow their return once the biological sample analysis process has begun, so that the End Customer waives their Right of Withdrawal from the moment you proceed with the extraction of your biological sample.
This means that the End Customer may choose to cancel and refund the amount paid as long as the extraction of the biological sample has not yet been carried out at the extraction center.
In the event that the End Client has requested a Genetic Counseling or Health Coach visit and requests a return after the visit, but always prior to the extraction of the biological sample, the service will be considered to have been partially executed and a partial refund may be requested by deducting fifty euros (€ 50) from the total amount paid for the visit.
5.11. DEADLINE TO CARRY OUT THE SAMPLING
Purchases of Services through the Made of Genes Virtual Store may be used within the first six (6) months from the date of purchase. However, the Services benefit from an extension, according to the conditions indicated below. The extension applies to Services that have not been previously used. In no case is it a refund. The End Customer of the Services has the possibility of extending their product free of charge for six (6) additional months from the date of issuance of the extension and as long as it is done before the deadline for use of the product. After the deadline for use of the Service, the End Customer will no longer have the possibility of extending it. If the extension is not used within the indicated additional period of six (6) months, it will expire and may not in any case be extended.
6. Processing of Personal Data
7. Intellectual and industrial property
The contents offered on this Website (understood by these, by way of example but not exhaustive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes), as well as the Reports and their content within the framework of the Service are subject to Industrial and Intellectual Property Rights and are the exclusive property of Made of Genes, or where appropriate, of the collaborators, whether they are natural or legal persons. indicated.
These General Conditions do not imply the granting of any license to the User for the use of Industrial and Intellectual Property Rights, unless expressly authorized by Made of Genes. In this case, the User may use the Industrial and Intellectual Property Rights only in the terms in which it has been authorized by Made of Genes, in a non-exclusive, non-transferable manner and only during the term of their relationship. The User acknowledges and accepts that Made of Genes has the exclusive right to Industrial and Intellectual Property Rights.
The User will not carry out or allow any act to be carried out that may in any way impair or depreciate the value or validity of the 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.
8. Contents linked through the Website
The Website may contain technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, Made of Genes will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of their illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he / she can notify Made of Genes.
In no case should the existence of Linked Sites presuppose the formalization of agreements between Made of Genes and the managers or owners thereof, as well as the recommendation or promotion of the Linked Sites and / or their contents by Made of Genes. Unless expressly stated otherwise on the Website, Made of Genes does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages that these may cause to the User or to any third party.
9. Modification of the General Conditions
Made of Genes reserves the right to review or modify, at any time and without prior notice, the presentation 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 a visible place, freely accessible for any queries they want to make. Users undertake to carefully read these General Conditions before contracting or authorizing any Service through the Website and Platform.
Certain Services provided on the Platform may contain specific conditions or particular conditions with provisions regarding the protection of personal data, which will prevail over these General Conditions. In this sense, it is important that the User be aware of these specific conditions.
10. Complaints, claims and requests for information
The User can direct their complaints, claims and / or requests for information to Made of Genes, using any of the following ways:
– Sending a letter to Carrer Verge de Guadalupe, 18, 08950 Esplugues de Llobregat, Barcelona.
– Sending an email to the address email@example.com
The User can ask Made of Genes for official complaint / claim / complaint sheets.
11. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, these General Conditions subsisting in everything else and considering such provision totally or partially for not included.
12. Applicable legislation and jurisdiction
These General Conditions are governed and interpreted in accordance with Spanish law. In the event of any type of discrepancy or claim between the parties in relation to compliance with or the content of these General Conditions, the parties agree to submit the decision of the matter raised to the competent Courts and Tribunals of Barcelona in accordance with applicable law.
Users can contact Made of Genes through the form provided at the address https://madeofgenes.com/en/contact