Terms

This page (together with the documents referred to on or in it) tells you information about us and the legal terms and conditions (Terms) on which you take part in a study, test or research project (Activity) which is run by researchers (Researchers), through our website.

Please read these Terms carefully and make sure that you understand them before participating in an Activity.

We amend these Terms from time to time as set out in clause 8. Please check these terms every time you wish to participate in an Activity to ensure you understand the terms which will apply at that time.

3. Medical disclaimer

We are not a health care or medical device provider, nor should our site(s) or the Reports we create be considered medical advice. Only your physician or other health care provider can offer that. Sano Genetics makes no claims, representations or guarantees that the sites provide a health-related or therapeutic benefit. Our site and Reports should not be used as a medical device or in place of professional medical advice, as a substitute for proper and personalised professional medical advice or be used to make decisions about your health. We also cannot answer any medical queries either through the website or via email or any other means.

Any advice or other materials on our site(s) or the Reports we create are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your care or healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions.

4. Testing kits

4.1 If necessary for an Activity, we will send you a testing kit so that you can provide us with a blood or saliva sample. Depending on the Activity, a testing kit may either be free of charge or for a fee. We will let you know whether a fee will be charged for a testing kit before you agree to participate in an Activity.

4.2 Once you have provided us with your sample and returned the testing kit to us, we will send your sample to a third party who will analyse it for us, so we can then send it to the Researchers for the purpose of carrying out the Activity.

4.3 Although we will make every effort to be as accurate as possible, given the nature of some Activities, there is margin for error. We will use reasonable endeavours to ensure that any analysis of your sample is accurate.

4.4 In the unlikely event of an incorrect analysis, we may, at our discretion, provide you with another testing kit.

4.5 Any samples, drawings, descriptive matter, advertising or illustrations on our site are for the sole purpose of giving an approximate idea of the Activities. They shall not form part of our contract with you or have any contractual force.

5. Fee for the Activity

5.1 You may receive a fee from the Researchers in consideration of your participation in an Activity (Fee). The amount of the Fee will be notified to you when the Activity is first advertised on our website, and before you agree to participate in the Activity.

5.2 We will issue the Fee to you as soon as possible and within at most 28 days after the Activity has concluded.

5.3 Please note that we act as an intermediary between the Researchers and you. We are therefore not responsible or liable towards you for any acts or omissions of the Researchers.

6. Your obligations

6.1 You shall:

6.1.1 co-operate with us in all matters relating to the Activity you have chosen to participate in;

6.1.2 provide us with such information, samples and materials as we may reasonably require so that you can take part in the Activity, and ensure that such information is accurate in all material respects; and

6.1.3 keep and maintain all materials, testing kits, documents and other property of ours in safe custody and in good condition until returned to us and not dispose of or use them other than in accordance with our instructions.

6.2 If our performance of any of our obligations under this Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default) we shall have the right to suspend your participation in the Activity until you remedy Your Default, and to rely on Your Default to relieve us from the performance of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations.

6.3 You warrant that:

6.3.1 you are legally entitled to possession of the samples you provide to us. We recommend you seek independent legal advice about your entitlement to take or obtain samples of biological material from persons other than yourself; and

6.3.2 you are not suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature and purpose of the test.

7. How we use your personal information

7.1 For the purposes of this clause, Personal Data has the meaning set out in the General Data Protection Regulation (GDPR).

7.2 We will collect your Personal Data when:

7.2.1 you create an account with us;

7.2.2 you provide us with samples from testing kits.

7.3 Our lawful basis for processing your Personal Data is:

7.3.1 processing is necessary for the performance of the Contract with you, in respect of the Personal Data you provide when creating an account with us and making a payment to us; and

7.3.2 your explicit consent, in respect of the Personal Data contained in the samples.

7.4 In order for us to comply with your request to partake in an Activity, we may be required to share your Personal Data with third parties responsible for genetic testing, including EHR retrieval and genetic counseling, for example or the Researcher responsible for the Activity.

7.5 We only use your Personal Data in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

7.6 We will retain all samples from testing kits for up to 20 years before destroying them securely, unless you have consented to us using your sample for any follow-up studies, in which case we will retain your sample for up to a further 20 years.

7.7 We will retain all results and other information for up to 20 years from the date of production before destroying them securely.

7.8 If you have any questions about how we handle your personal data, please contact us at dataprivacyofficer@sanogenetics.com.

11. Our liability towards you

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.2 We only supply the testing kit for domestic and private use. You agree not to use the testing kit for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 We do not in any way exclude or limit our liability for:

11.3.1 death or personal injury caused by our negligence;

11.3.2 fraud or fraudulent misrepresentation; and

11.3.3 any terms which cannot be excluded under applicable law.

12. Force Majeure

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event. A Force Majeure Event is defined below in clause 12.2.

12.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:

12.3.1 we will contact you as soon as reasonably possible to notify you; and

12.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our shipping of testing kits to you, we will arrange a new shipping date with you after the Force Majeure Event is over.

14. Prizes, Contests and Giveaways

14.1 The promoter is: Sano Genetics Limited (company no. 10636359) whose registered office is at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.

14.2 Contests, prizes and giveaways are open to individuals aged 18 years or over except employees of Sano Genetics Limited and their close relatives and anyone otherwise connected with the organisation.

14.3 The rules of each prize draw, contest or giveaway are specified in each prize draw, contest or giveaway and are supplementary to these terms and conditions.

14.4 The promoter reserves the right to cancel or amend any prize draw, contest or giveaway and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to a prize draw, contest or giveaway will be notified to entrants as soon as possible by promoter.

14.5 Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

14.6 Winners will be chosen: at random, from all entries received and verified by Promoter and or its agents. Additional criteria for verification may be specified in the original post or email referring to the giveaway. The promoter will notify the winner when and where the prize can be collected / is delivered.

14.7 The prize draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

14.8 The winners agree to the use of his/her name and image in any publicity material. Any personal data relating to the winners or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant's prior consent.

14.9 No promotion is in anyway sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Sano Genetics Limited and not to any other party. The information provided will be used in line with our Privacy Policy found at https://www.sanogenetics.com/privacy

15. Other important terms

15.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6 These Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Sano Genetics Limited, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s), Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

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