TERMS AND CONDITIONS
BioMD Genetics Inc., ‘’BioMD Genetics’’ provides software development service, and offers genetic analysis of human DNA with genetic data interpretation. PictoGene is a trademark used by BioMD Genetics to promote its genetic testing services. The services offered by BioMD Genetics “Services” are sensitive in nature, therefore it is your responsibility to be fully informed about the services to be rendered by BioMD Genetics and to expressly consent to such services for the purposes described herein. Your use of BioMD Genetics services including this website is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the services including this site. Use by you of the services indicates your agreement to the following terms and conditions. You warrant to BioMD Genetics that you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions.
1. DEFINITIONS AS USED HEREIN
“BioMD Genetics” shall mean an incorporated Canadian company, BioMD Genetics, Inc. with its headquarter located at 1275 Avenue des Canadiens-de-Montréal, Montréal QC, H3B 5E8, Canada.
“T&C” shall mean these Terms and Conditions.
“Services” shall mean products, services, software, and websites (including, but not limited to text, graphics, images, and other material and information) as accessed from time to time by the users, regardless if the use is in connection with an account or not.
“Account” shall mean a secure personal account granted upon completion of the online registration and authentication process for the Services. Being provided with the Account permits the Users to access and make use of the Services within the account boundaries for which they are registering.
“Registration Information” shall mean the information provided by the Users when completing online registration and authentication process and/or purchasing the Services. The Registration Information is used to perform, deliver and improve the Services.
“Website” shall mean www.biomdgenetics.com and www.pictogene.com.
“User(s)” shall mean only individual(s) who purchase the Services for DNA profiling of their own samples or Genetic Data interpretation. In certain cases, the Users could be legal representative(s) of the person of analysing DNA when allowed by law (signing a separate authorization form is required).
“Genetic Data” shall mean a digital file containing information about a person’s DNA, a long polymer in the form of nucleic acids that carry genetic information.
“Self-Reported Information” shall mean personal information provided by the Users when completing surveys and forms in the user Account and/or submitted to BioMD Genetics by other means. Only users who have given informed consent by signing a separate Informed Consent Form (ICF) can complete these surveys and forms. Self-Reported Information is used by BioMD Genetics for the Research purpose.
“Informed Consent Form” (ICF) shall mean a separate agreement to be signed when the User desires to contribute in BioMD Genetics Research by providing her/his Self-Reported Information to be analysed for Research purposes.
“Samples” shall mean biological material samples such as human saliva, buccal cells, or dried DNA (a.k.a. lyophilized Deoxyribonucleic acid).
“Research" shall mean scientific research that BioMD Genetics performs with the intent to publish in a peer-reviewed scientific journal. The Research only uses genetic and self-reported information from users who have given informed consent by signing a separate Informed Consent Form (ICF).
"Product Development" shall mean research performed for the purpose of new product development and new product development activities performed by BioMD Genetics on de-identified user data such as Aggregated Genetic Data and Self-Reported Information which has no Personal Information. These activities may include, among other things, improving the Services and/or offering new Services; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
"Personal Information" shall mean information that can be used to identify the User, either alone or in combination with other information.
"Aggregated Genetic Data and Self-Reported Information" is Genetic Data and self-reported information that has been combined with that of other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
2. DESCRIPTION OF THE SERVICES
BioMD genetics provides the Users with End-to-End personal genetic services including, but not limited to online shop, sample collection, DNA extraction, DNA genotyping, Genetic Data interpretation, and access to private reports through Users’ online Accounts. This T&C do not govern use of Post-Mortem DNA analysis which requires a separate agreement to be requested at BioMD Genetics.
At BioMD Genetics we want our Users to feel safe and secure when they purchase the Services with us. Our Website has been built for only one purpose – to be of service to the Users. To ensure secure transactions, our site uses the Secure Sockets Layer (SSL) protocol, which encrypts any information the Users send us electronically. With this system, the Users can enter their credit card numbers, delivery and billing information safely through the secure server. The encryption process protects the information by scrambling it before it is sent to us from their computers.
The process of encryption prevents unauthorized individuals from viewing the Users’ information as it is securely transmitted over the Internet. Even with the very best protection policies and safeguard procedures in place, there is always the remote possibility of fraud. If the User believes unauthorized use of their credit information has occurred, follow the reporting procedures defined by their credit card's issuing bank and contact us immediately.
BioMD Genetics will not modify, copy, distribute, transmit, license, sell or redistribute any of Users’ Registration Information. Customers have direct online access to review, update, correct their personal profiles at any time.
BioMD Genetics reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to the Services descriptions, delivery and prices, due to errors, Service discontinuation, changing costs, new market conditions or any other business factor. All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, customs and duties, all of which shall be paid and provided for solely by customers.
The Website can be accessed from Canada and other countries around the world. Customers understand that some or all the Services provided on the Website may not be available for purchase in certain jurisdictions or geographical areas due to several reasons including, but not limiting to logistics, language, regulatory aspects. The BioMD Genetics reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any Service to the Users residing in any jurisdiction or geographical area. The BioMD Genetics does not represent or warrant that any Service provided on this website will be available for purchase to the User.
BioMD Genetics DNA testing requires a saliva sample or buccal swab. On completion of the online purchase and subject to the payment of applicable shipping fees, BioMD Genetics will provide the User with a sample collection kit. The sample collection kit includes a transportation tube, preservative, swab (only for buccal cells collection), and a sealed envelope with a code to be used by the Users to access their Genetic Data in corresponding online Account. We will only ship sample collection kits to the credit card billing address. Although this may present a slight inconvenience in some situations, it has proven successful in eliminating both unauthorized use of credit cards and incorrect delivery address. Additional samples may be needed if the sample is damaged in shipment or inaccurately submitted.
The collection of saliva or buccal cells is considered a non-invasive method of collecting DNA for genetic analysis.
DNA extraction and genotyping.
BioMD Genetics receives the sample with a barcode linked to a sealed code sent to the User and performs DNA extraction and genotyping to generate Genetic Data file. The DNA genotyping is performed using industry-leading Illumina equipment including their advanced microarray solutions and customized chips (http://www.illumina.com/). BioMD Genetics will not return the remaining sample to the Users. All biomaterials will be destroyed within 3 months upon completion of the analysis unless otherwise explicitly agreed upon between the User and BioMD Genetics in writing.
Genetic Data interpretation.
BioMD genetics performs interpretation of Genetic Data received after genotyping or directly transmitted by the Users. The interpretation is based on the current information. As human genetics knowledge advances and new discoveries are made, the interpretation of results may change. It is possible that re-interpretation of results could lead to new information about potential predispositions or medical conditions. Such re-interpretation could be requested by the Users and may involve additional costs. However, it may not be possible to re-interpret the Genetic Data at a future date, and it may instead require retesting with a new sample.
Service Delivery & Access to private reports via online Accounts.
On completion of the online registration and authentication process for the Services, and subject to User’s payment of the product or applicable service fees, if any, BioMD Genetics will provide the User with the Account. Being provided with the Account permits Users to access and make use of the Services within the Account limits for which Users are registering. The results are confidential and will only be reported to the ordering Users through their online private Account and by entering a personal code provided in a sealed envelope. The interpretation results will be delivered as report which can be viewed online or downloaded as secure pdf files. All other means of delivery must be explicitly requested by the User. The Genetic Data can be downloaded as a digital file from the Account.
Although BioMD Genetics cannot provide a 100% guarantee that the data will be safe in the event of a security breach, we have procedures in place to minimize the possibility of a breach. Part of these procedures is separation of Genetic Data and Personal Information while storing data.
The routine turnaround time for DNA analysis is under 20 business days from the date that the sample arrives at BioMD Genetics. As with any biological procedure, some exceptions may occur. Our top priority is to ensure the highest quality DNA analysis, therefore the 20 business day turnaround cannot be guaranteed if an exception is encountered. BioMD Genetics will not under any circumstances sacrifice the quality of the DNA analysis in order to speed up the turnaround time.
Services are provided "AS-IS", unless otherwise required by applicable law, and are based on the current state of the art of genetic research and technology in use by BioMD Genetics at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, BioMD Genetics is constantly innovating in order to provide the best possible experience and service for its Users.
BioMD Genetics, including its successors, affiliates and assigns now existing or hereafter organized is the owner of all copyrights, trade secrets, patents or other intellectual property rights in the Services including the Website, except for the portions that may be owned by BioMD Genetics's various third party providers and distributors. The Users may not disassemble, decompile, reverse engineer or otherwise derive source code from the software and other content including design work, reproduce, distribute, publish, license, modify, create derivative works from, transfer, sell, rent or lease any information, software, visual graphic, text and other content obtained from BioMD Genetics without the express written permission of BioMD Genetics and/or its third party providers and distributors as may be designed by BioMD Genetics from time to time.
BioMD Genetics will retain all right, title and interest in BioMD Genetics’s Website, Services, technology and all intellectual property rights. Nothing therein or attached thereto shall be construed as a licence to the Users under any BioMD Genetics patent, trademark, copyright or trade secret. No title or ownership rights whatsoever are transferred from BioMD Genetics to the Users, except a limited right to use the Services as contemplated in this T&C.
4. RISKS AND CONSIDERATIONS REGARDING THE SERVICES
The User’s relationship with BioMD Genetics is commercial. The User is a licensee of the Services. The User understands and agrees that BioMD Genetics is engaged in a commercial enterprise. BioMD Genetics is not a regulated health services provider. BioMD Genetics does not assume any fiduciary or similar obligations to the User as a result of the User using the Services. BioMD Genetics is not a trustee of the User’s genetic information or other personal information.
The Users are solely responsible for providing all hardware, telecommunications equipment, software (including browsers) and bandwidth that the Users require to use the Services.
Genetic testing is complex and BioMD Genetics is taking extensive measures to avoid errors and failed tests. Although we take every precaution, technical, biological, and systematic errors may occur. In such rare cases the laboratory may not be able to process the sample, and the laboratory process may result in errors. BioMD Genetics may not be able to process the sample if it does not contain a sufficient volume of DNA, or the results from processing do not meet our standards for accuracy.
BioMD Genetics Services are for informational, and educational use only. We do not provide professional advice, whether medical, legal, or otherwise. The Services are not intended to be used by the Users for any diagnostic purpose and are not a substitute for professional medical advice. Users are fully responsible for any consequences resulting from Users’ use of their Genetic Data and its interpretation done by BioMD Genetics.
BioMD Genetics does not endorse, warranty or guarantee the effectiveness of any specific course of action, tests, and health care providers advises the Users may undertake or use as a result of Genetic Data and its interpretation reports from BioMD Genetics reports.
Reliance on any information provided by BioMD Genetics, its employees, and the Website is solely at the User’s own risk.
None of the Services or procedures used in relation to the performance of the Services is considered invasive or experimental.
The Genetic Data and Personal Information may be stolen in the event of a security breach. Although BioMD Genetics cannot provide a 100% guarantee that the data will be safe, BioMD Genetics has procedures in place to minimize the possibility of a breach.
With or without notice to the User, BioMD Genetics may suspend the Services for any duration and for any reason whatsoever including, but not limited to, maintenance, new releases or other improvements, and/or to safeguard the integrity of the Services and/or BioMD Genetics’s system.
BioMD Genetics continuous working on new Product Development using Aggregated Genetic Data and Self-Reported Information to provide its customers with best in class services in the future.
There may be additional risks related to the Services, which are currently unforeseeable.
5. THE USER ACKNOWLEDGMENT
By using the Services, the User acknowledges and represents as follows:
The User is at least 18 years old and lawfully able to use the Services under the laws where she/he resides.
The User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Services.
The User understands that information they learn from BioMD Genetics is merely intended for informational, and educational purposes only.
The User acknowledges that BioMD Genetics urges Users to seek the professional advice of their physicians or other health care providers if they have questions or concerns arising from the received genetic information from BioMD Genetics.
The User gives permission to BioMD Genetics, its local and foreign contractors, successors and assignees to perform genotyping services on the DNA extracted from the sample.
The User is not an insurance company or an employer attempting to obtain information about an insured person or an employee in the past or present.
The User takes responsibility for all possible consequences resulting from the User’s sharing with others access to Users’s genetic information.
The User understands that all provided information and genetics reports will be stored in BioMD Genetics databases while making all commercially reasonable efforts to comply with data privacy requirements. BioMD Genetics will delete all relevant personal and genetics information only if such requested by the User.
While BioMD Genetics is not aware of any physical risks associated with the use of the Services, the User acknowledges and agrees that certain other types of emotional, financial, and other risks and considerations must be evaluated when the User decides whether or not to use the Services.
The User expressly agrees not to use the Services for commercial and in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. The User acknowledges that prohibited conduct includes, but is not limited to, use of the Services to invade the privacy of third parties, violate the security of the Services, or attempt to utilize another person Genetic Data, registered user’s account, name or password.
The Users may provide to BioMD Genetics comments, ideas, suggestions, inventions, developments or other written, oral or other input with respect to the modification, enhancement, improvement or development of the Services or technology. BioMD Genetics may implement such input without compensating the Users in any way unless otherwise explicitly agreed upon between the User and BioMD Genetics in writing.
The Users expressly agree that BioMD Genetics makes no warranty that - the Services will meet their requirements; the Services will be uninterrupted, completely secure or error-free; the results obtained through the Services will be accurate and reliable; the quality of the services will meet all of their expectations; no advice obtained from BioMD Genetics or through the services should create a warranty that is not explicitly expressed in these T&C.
In case of breach of any one of these representations and warranties, BioMD Genetics has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Services (or any portion thereof) and the User will defend and indemnify BioMD Genetics and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
6. NON-COMPLIANT SAMPLES
Although BioMD Genetics makes all commercially reasonable efforts to ensure the appropriate sample collection process, there is a possibility of receiving a non-compliant sample from the Users. BioMD Genetics is not responsible for failures in sample collection procedure, however, if BioMD Genetics notices that the sample is obviously non-compliant (e.g. insufficient DNA), BioMD Genetics will attempt to notify the User by e-mail, and ask them whether they would like to recollect the sample. There will be a $50 charge per sample if a resample is required. If BioMD Genetics does not receive a response from the User within 10 business days after the notification e-mail is sent, BioMD Genetics will refund the Services fee deducting costs for collection kits, shipping, and DNA extraction, but not more than 30% of the total fee. The User acknowledges that collection kits, shipping, and DNA extraction costs are non-refundable. Once the DNA has been extracted and analysis (DNA genotyping) begins, the procedure is absolutely non-refundable regardless of the DNA genotyping results. Despite established standards for the DNA genotyping, a small fraction of processed Genetic Data may not be accurate or suitable for interpretation.
7. ACCOUNT CREATION, PASSWORD, AND SECURITY OBLIGATIONS
In consideration of the User’s use of the Services, the User agree to: (a) provide true, accurate, current, and complete registration and authentication information; (b) maintain and promptly update the registration information to keep it true, accurate, current, and complete; and (c) maintain the confidentiality of the password and account.
The Users agree to notify BioMD Genetics if Account’s login or password information is disclosed to any third party or compromised in any way. The Users shall not assign or otherwise transfer (whether directly or indirectly or by operation of law or otherwise) their rights or duties under the T&C to any other person or entity without the prior written consent of BioMD Genetics. The Users agree not to disable or bypass any functionality time-limitation mechanisms of the Services or the Account limits.
8. PRIVACY STATEMENT AND DISCLOSURE OF INFORMATION
BioMD Genetics’s privacy and security policies meet the requirements of all applicable laws, rules and regulations. Privacy legislation requires organizations to have such policies in place that demonstrate the strong, commonly accepted privacy standards that the public expects. These policies are generally based on the Canadian Standards Association’s Code for the Protection of Personal Information (CAN/CSA-Q830-96). BioMD Genetics incorporates these principles into its business practices. Please refer to the Privacy Statement available at https://www.biomdgenetics.com/privacy-statement.
BioMD Genetics collects the Users’ Personal Information provided for performing the Services and when the User is registering the Account. By default, the Users do not participate in the Research and BioMD Genetics does not use or share the User’s Personal Information and Genetic Information outside the needs of performing, delivering, and improving the Services. The only exception is when the User decides and explicitly agrees to participate in the Research by signing a separate agreement called “Informed Consent Form”.
The User may independently decide to disclose received genetic information to friends and/or family members, doctors, health care professionals, or other individuals outside the Services.
As a user of the Services the User will occasionally receive updates from us about new services, special offers, and noteworthy news. We hope the Users will find these updates interesting and informative. If the User would rather not receive them, they should send an e-mail message to email@example.com with the subject "No e-mail".
9. LIMITATION OF LIABILITY
In no event will BioMD Genetics or any of the BioMD Genetics parties be liable for any special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation, lost profits and opportunity costs) resulting from: the use or inability to use the Services; any action taken based on information received from the Services or through them; the User’s failure to keep their account and passwords confidential and secure; the cost of procurement resulting from any goods, data, information, or services bought or obtained or messages received through or form our services; prohibited access to data or alteration of User’s data transmissions; improper authorization for the Services by someone claiming to have requisite authority; or statements or conduct of any third party on the Services.
To the fullest extent allowed by applicable law, the liability of BioMD Genetics and the BioMD Genetics parties for direct damages will be limited to the aggregate fees paid by the User directly to BioMD Genetics in consideration for the Services.
Currency. Unless otherwise indicated, all prices listed in connection with any of the Services are in Canadian dollars, and all references to “dollars” or “$” mean Canadian dollars. Unless otherwise agreed to in writing by BioMD Genetics, all payments relating to Users’ use of the Services shall be made in Canadian dollars.
Governing Law, Jurisdiction and Time Limits. These T&C shall be governed by and construed in accordance with the laws of the Province of Quebec applicable therein, without reference to its conflict of laws principles. Any cause of action or claim the User has with respect to the Services must be commenced within six months from the date the cause of action or claim arises or such cause of action or claim is barred.
Language. These T&C are in the English language, which language shall be controlling in all respects. Any and all versions of this T&C in any other language that may be provided are provided as a courtesy or prepared for the Users convenience and shall not be binding. All communications and notices to be made or given pursuant to the T&C must be in the English language.
Severability. If, for any reason, a court or other body of competent jurisdiction finds any provision of these T&C, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the provision, and the remainder of these T&C will continue in full force and effect.
Relationship. The relationship among BioMD Genetics, its third party providers and distributors and the Users will be that of independent contractors, and neither of them nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Modifications. BioMD Genetics may modify the T&C at any time, and such modifications shall be effective immediately on posting of the modified T&C at the Website. Continued use of the Services shall be deemed the Users conclusive acceptance of the modified T&C.
Entire Agreement. These T&C constitutes the entire agreement between the Users and BioMD Genetics regarding the Users’ registration for and use of the Services, and it supersedes all previous agreements and understandings (whether oral or written and whether express or implied) between the Users and BioMD Genetics with respect to access and use of the Services.
Assignment. The Users may not assign, convey, subcontract or delegate their rights, duties or obligations under these T&C.
Indemnification. The Users shall defend and indemnify BioMD Genetics and its third party providers and distributors from and against any claim or cause of action brought by or on the User’s behalf in excess of the liability described in these T&C or by third parties as a result of the User’s use of the Services.
Additional Terms. Additional T&C may apply to those customers who opt-in for the Research participation by signing a separate Inform Consent Form.
Termination. In case of breach of any one of these representations and warranties, BioMD Genetics has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Services. On termination the User shall not be permitted to access or make use of the Services. In this event all of the User’s files remaining on BioMD Genetics’s servers will be purged and unavailable. The provisions of Ownership and intellectual property rights (Section 3) shall survive any termination of these T&C.
Notices and Inquiries. The Users may reach BioMD Genetics by mail at 1275 Avenue des Canadiens-de-Montréal, Montréal QC, H3B 5E8, Canada and/or by telephone at +1 (343) 363 2199 or, by sending an e-mail to firstname.lastname@example.org. Please direct any billing inquiries and questions regarding the Services to that same e-mail address.
Thank you for purchasing your genetic test or genetic data interpretation through BioMD Genetics!