Terms Of Service

 OVERVIEW

 

This website is operated by Genebank Pte. Ltd. (“Genebank”). Throughout the site, the terms “we”, “us” and “our” refer to Genebank. Genebank offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site (www.eternadna.com) (the “Site”) and/or purchasing something from us, you engage our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, or “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, visitors, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Site, purchasing our products or engaging our Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, purchase our products or use or engage any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, widgets, apps, and/or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

 

ACCEPTANCE OF TERMS

 

Your use of Genebank's Services (excluding any services provided by Genebank under a separate agreement) is subject to the terms of the legal agreement between you and Genebank set forth in these TOS. Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a saliva sample for DNA extraction and processing, and/or b) creating and using a free Genebank account without providing your saliva sample or Genetic Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Genebank for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Genebank will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Genebank Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Genebank also may offer other services from time to time that are governed by different terms of service.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these TOS, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and have given us your consent to allow your minor dependents to use this Site. In the event that we become aware that we have unknowingly collected data from an individual under the age of majority in his/her country, state or province of residence, we will take commercially reasonable efforts to delete such data from our system within a reasonable time.

You acknowledge that you must be at least the age of majority in your country, state or province of residence to purchase and use our Saliva Collection Kit, or that a parent or legal guardian may purchase our Saliva Collection Kit for their minors’ use. By using a Saliva Collection Kit on and/or sharing with us the personally identifiable information of a minor, you agree and represent that you are the minor’s parent or legal guardian, and that the minor has agreed to the collection and processing of the saliva sample.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in the immediate termination of our Services to you.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse our Services to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, or any contact on the Site through which the Services are provided, without express written permission by us.

You understand that the information you obtain from Genebank is not intended to diagnose, treat, cure or prevent disease. The information provided is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional.

You give permission to Genebank, its affiliates, contractors and assignees to perform Services on the DNA sample you provide as well as the information extracted from the DNA sample you provide. You give permission to Genebank to disclose your analysis results to our partners and affiliates, if consented. You are responsible for all of the consequences resulting from sharing your information with others.

You agree that you are solely responsible for the usage and activity on the Site made and the Services engaged through your account or with your login information, and that you shall contact us immediately in the event you suspect your account has been misused, used without authorisation or if you believe your login credentials and password have been compromised or stolen.

You agree to not circumvent, disable or interfere in any manner with any security measures related to the Site and/or the Services, nor with features aimed at preventing or limiting use of any content or Services or protecting the copyright any content, including but not limited to using self-developed or third party-developed bots, spiders, data miners, or any other automatic access tools.

You represent that the genetic material you provide to us is coming from you and you alone, and if you are agreeing to these TOS on behalf of someone else whom you are legally allowed to represent, you represent that the sample provided belongs to that person and that you have the legal authority to act on that person’s behalf in this regard.

You agree and acknowledge that any DNA sample that you provide and its resulting information can be transferred and/or processed outside the country where you live.

You represent that you do not represent an insurance company or forensic organization and that you are not trying to obtain information or represent any person whom you are not legally authorised to represent.

You agree and acknowledge that all your personally identifiable information provided to Genebank will be kept in Genebank’s databases and will be processed as stated in Genebank’s Privacy Policy.

You acknowledge that by providing a DNA sample, having your DNA sample and information analysed, accessing your information, and/or providing information about yourself, you do not have any proprietary or other intellectual property rights in any research outcome arising out of your provision of your DNA sample and information. You understand that you may not benefit in any way from research or products resulting from your Information.

You acknowledge that you have the authority under the laws of the jurisdiction in which you reside to make these representations. If you breach these TOS in any manner, Genebank has the right to terminate your account and refuse future use of the Services. You hereby indemnify and hold harmless Genebank and its affiliates against any liability or damages that may arise if you breach your obligations under these TOS.

You understand and acknowledge that the information that you share with anyone can be used against your interests. Therefore, you hereby confirm and acknowledge that you have exercised caution when sharing your information.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We shall not be held responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this Site is done at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update and/or keep current any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products and Services are subject to change without notice.

We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Service, or any price changes relating thereto.

 

SECTION 5 - PRODUCTS OR SERVICES

 

The Services of Genebank include the collection, extraction and analysis of your information based on a DNA sample, and the provision of bespoke products based on the aforesaid information. The Services and products provided by Genebank and its affiliates and partners are based on the latest state-of-the-art biomedical research and technologies. The Services are provided for research and informational use only. The Services have not been clinically validated and are not to be used for clinical testing. The products and Services are not intended to diagnose, treat, cure or prevent disease. The Services are not intended as a substitute for advice from your physician or other healthcare professional or for any information contained on or in any product label or packaging. You should not use the information on this Site or in the reports and other documents produced by us in whole or in part, or in combination with any other information, for any medical purpose, for the diagnosis or treatment of any health problem, for the prescription of any medication or other treatment, for paternity testing, in any judicial proceeding, or for any illegal activities.

Genebank does not guarantee the effectiveness of any specific course of action or recommendation that we may communicate to you, or any other information that may be mentioned in our material. If we do provide you with recommendations, it is based on your information and the current state of scientific research, and should only be used for informational purposes.

You understand and acknowledge that your DNA sample must be of adequate quality to be processed for analysis. Genebank may be unable to process your genetic material if it does not contain adequate human DNA material or where there are other factors present that mean that the results of any analysis may not meet our standards for quality and accuracy. You acknowledge that despite established standards for the processing of DNA samples, a small fraction of data from laboratory processes may not be interpretable or may be incorrect due to the nature of such analyses.

You shall not use the Saliva Collection Kit or any other DNA test kit that may be shipped by us, nor send us any saliva or DNA samples if doing so represents a violation of any export ban and/or other restriction in the country in which you reside or from which you are sending the saliva or DNA sample(s).

Due to the limited amount of information that we can practically obtain about you and the nature of our services, your reliance on information provided by us is at your own risk.

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products and/or Services and the pricing thereof are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any product and/or Service at any time without prior notice. Any offer for any product or Service made on this Site is void where prohibited.

Our products and Services might change from time to time without any prior notice. You may stop using the services at any time. If you wish to close your account, you may contact us at info@eternadna.com. Genebank does not take any responsibility nor have any liability for any use of the Services outside these TOS.

You understand and acknowledge that you may have to pay additional fees and charges to have your information collected and analysed using additional features and technology. These additional fees and charges will be clearly communicated to you beforehand, and will only be incurred with your express approval.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you from us or from our Site will meet your expectations, or that any errors in the Services will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any quantities purchased (whether on a per person, per household or per order basis). These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement thereof. We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools.

Any use by you of optional third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service and Site may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these TOS. You agree that your comments will not violate any right of any third-party, including any copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, the Site, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, act on behalf of someone else without legal authority, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personally identifiable information through the Site is governed by our Privacy Policy. To view our Privacy Policy, please click here.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services, on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services, on the Site or on any related website, including without limitation, pricing information, except as may be required by law. No specified update or refresh date applied in the Services, on the Site or on any related website, should be taken to indicate that all information in the Services, on the Site or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

 

In addition to the other prohibitions set forth in these TOS, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services and/or the Site or of any related website, other websites, or the Internet; (h) to collect or track the personally identifiable information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, our Site and/or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENEBANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) GENEBANK MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SITE AND/OR SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENEBANK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENEBANK DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENEBANK SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENEBANK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENEBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND/OR THE SITE.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Genebank and our shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees incurred in relation thereto, made by any third-party due to or arising out of your breach of these TOS or the documents they incorporate by reference, or your violation of any law or any third-party rights.

 

SECTION 15 - SEVERABILITY

 

In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these TOS, and such determination shall not affect the validity and enforceability of any other provisions.

 

SECTION 16 - TERMINATION

 

If you wish to terminate your legal agreement with Genebank, you may do so by notifying Genebank at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Genebank's address or online via email, which are set out at the end of the TOS. If you provide notice online, Genebank will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

Genebank may at any time terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Genebank is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Genebank partnered to offer the Services to you has terminated its relationship with Genebank or has ceased to offer the Services to you; (4) Genebank is no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Genebank is, in Genebank's opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may, at our sole discretion, also be referred to the appropriate law enforcement authorities. You acknowledge and agree that Genebank shall not be liable to you or any third party for any termination of your access to the Services.

Genetic data deletion: You are in control of your genetic data. You can choose to delete your genetic data by informing Genebank in writing. Upon confirmation, Genebank will delete your genetic data from our storage platform within 90 calendar days. If you have consented to use your genetic data for research, your genetic data will not be removed from ongoing or complete research projects but will not be used in any new and/or subsequent research projects.

Please note: If you do choose to delete your genetic data, Genebank will not send you any further information or updates on your genetic test reports. Upon deletion, you will have to redo a genetic analysis with Genebank before you can use our other features.

Termination of the Service or user account(s) will not affect any rights or remedies of the parties that have accrued up to the termination, which shall survive the termination of this agreement for all purposes.

 

SECTION 17 - ENTIRE AGREEMENT

 

Our failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

These TOS and any policies or operating rules posted by us on this Site govern your use of the Services and this Site, and constitute the entire agreement and understanding between you and us in respect of the Services and this Site , superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These TOS, including all rules, guidelines, policies and any other documents incorporated herein by reference or by which we provide you the Services, shall be governed by and construed in accordance with the laws of Singapore.

 

SECTION 19 - DISPUTE RESOLUTION

 

While your rights to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Services or the Site, you are kindly asked to first contact us at the contact details provided under Section 20 – Contact Information, so that we may try to resolve any controversy amicably.

You may submit the complaint, including a brief description of the matter and if applicable, the details of the related order, purchase, or account, to the email address specified under Section 20 – Contact Information.

We will process your complaint without undue delay and in any event within 21 days of receiving it.

Additionally, to the extent permitted by law, we agree to resolve disputes with the other on an individual basis and not to bring any claim as a plaintiff or class member in a class, consolidated or representative action.

 

SECTION 20 - CONTACT INFORMATION

 

Questions about these Terms of Service should be sent to us at info@eternadna.com or in writing to 33 Mohamed Sultan Road #02-05 Singapore 238977.