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2.1 Imagene Labs’ Services
The services of Imagene Labs include the collection, extraction, and analysis of your information, based on a DNA information or any other form of your information provided by you (Services). The Services are provided by Imagene Labs and its affiliates and partners “AS-IS” and are based on the current state of biomedical research and technology used by Imagene Labs or its partners and affiliates.
The Services might change from time to time without any prior notice. You can stop using the Services at any time. If you wish to close your account, you can contact us at www.imagenelabs.com. Imagene Labs does not have any responsibility for the use of the Services outside these terms.
The Services provided is recommended for research, informational and educational use only. It is solely provided to you for your consideration. We do not claim to provide medical advice or diagnosis by providing Services. The Services and our recommendation must always be interpreted in combination with relevant clinical information and dietary or lifestyle changes must be made in consultation with a relevant dietician or nutritional or healthcare expert.
The Services have not been clinically validated. The technology used by Imagene Labs, which is also used by the research community, has not been used for clinical testing. The Services are not to be used by the user as diagnostic tools and should not be a substitute for professional medical advice. You should always seek the advice from your physician or health care provider regarding any questions that you have regarding diagnosis, cure, or prevention of any disease or condition.
Imagene Labs does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our website. If we provide you with recommendations that might work for you based on your information and scientific research, this information should be seen as intended for informational purposes only or for discussion with your physician or health care provider.
Due to the limited amount of information that can be practically obtained about you and the nature of the Services, your reliance on information provided by Imagene Labs, Imagene Labs’ employees, Imagene Labs’ website, partners and affiliates is at your own risk.
Imagene Labs has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept you may have to pay additional fees to have your information collected and analysed using additional technologies or features.
2.3 Your Representations
You understand that the information you obtain from Imagene Labs is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.
You understand that the Imagene Labs Services are only for research, informational, and educational purposes and that while information provided by Imagene Labs might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. Imagene Labs does not provide any health or medical treatment or advice.
You give permission to Imagene Labs, its contractors, successors and assignees to perform services on the information extracted from the DNA data you provide. You also give permission to Imagene Labs to disclose your analysis results to you and to Imagene Labs’ partners and affiliates, if consented.
You confirm that you are above the age of consent in the jurisdiction you reside.
You guarantee that the DNA information you provide is coming from you; and if you are agreeing to these terms and conditions on behalf of someone else from whom you have legal authorization, you guarantee that the DNA data provided belongs to that person and you have legal authority to act on that person’s behalf.
You acknowledge that any DNA information you provide can be transferred and/or processed outside the country where you live.
You guarantee that you do not represent an insurance company or forensic organization and are not trying to obtain information about any person you are not legally authorised to represent.
You are responsible for all of the consequences resulting from sharing your information with others.
You acknowledge that all of your information will be kept in Imagene Labs databases and will be processed as stated by the Imagene Labs’ Privacy Statement.
You acknowledge that by having your DNA information analysed, accessing your information, or providing information about yourself, you do not have any proprietary or other intellectual property rights in any research outcome by virtue of your provision of information. You understand that you will not benefit in any way from research or from products resulting from your Information.
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these terms in any manner, Imagene Labs has the right to terminate your account and refuse the future use of Imagene Labs Services and you will indemnify and hold harmless Imagene Labs and its affiliates against any liability or damages that may arise in case these contracts are broken.
You understand that your information that you share with anyone can be used against your best interests. Thus you have exercised caution when sharing your information.
2.4 Your Account
In return for your use of Imagene Labs’ Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current.
You are responsible for maintaining the confidentiality of your password and account. If you allow others to access Imagene Labs’ website through your account and password, you will indemnify Imagene Labs and its affiliates against any liability or costs arising from such actions.
Imagene Labs EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
2.5 Your Responsibilities and Liabilities
You are responsible for the consequences of any violation of your obligations under these terms and conditions, including any damage that Imagene Labs might suffer. Any violation would give Imagene Labs the right to suspend or terminate your account and refuse any future Services. You will indemnify Imagene Labs and its affiliates, partners, officers and employees against any costs or damages that might arise from your violations of these terms and conditions.
If you want to provide your genetic and/or self-reported information to third parties, you agree to indemnify Imagene Labs, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your genetic and/or self-reported information.
2.6 No resale
You agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes.
2.7 Termination
Account closure: If you wish to terminate your agreement with Imagene Labs, you can do so by informing Imagene Labs in writing, as well as closing your accounts from all of the Services that are provided to you. Upon receiving your written notice to terminate, Imagene Labs will send you an email to confirm this notice and this termination will be effective after receiving a second email confirmation from you.
Imagene Labs can terminate its agreement with you at any time, as well as revoke your password and terminate your account if:
Any suspected illegal activity can be grounds for terminating your Service use and can be referred to the appropriate law enforcement authorities. You understand that Imagene Labs will not be liable to you or any third party for terminating Service use.
Genetic data deletion: You are in control of your genetic data. If you wish to delete your genetic data, you may do so by informing Imagene Labs in writing. Upon confirmation of your request, Imagene Labs shall delete your genetic data from our data storage systems within 90 calendar days. If you have agreed to the Informed Consent For Research, your genetic data will not be removed from on-going or completed research projects, but will not be used in any new research projects.
Please note: If you choose to delete your genetic data, Imagene Labs will not send you any future information or updates on your genetic reports.
2.8 Survival of Terms
A termination of the Service or a user account will not affect any existing obligations of the user to Imagene Labs, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
2.9 Interactions between Imagene Labs’ Customers and Imagene Labs’ business partners
Your correspondence or business dealings through promotions, vendors, and other resources found on the Imagene Labs Service – including payment and shipping of goods and services and any other terms and conditions associated with such dealings – are exclusively between you and the such providers. You agree that Imagene Labs cannot be held responsible or liable for any loss or damage resulted from these dealings or as a result of the information provided on the Services.
2.10 WARRANTY DISCLAIMER
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
Imagene Labs MAKES NO WARRANTY THAT
2.11 LIABILITY LIMITATION
WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT Imagene Labs SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF Imagene Labs HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:
2.12 MISCELLANEOUS
Entire Agreement: This terms and conditions represents the entire agreement between you and Imagene Labs. It governs your Service uses and replaces any prior agreements made between you and Imagene Labs or it’s representatives, partners, affiliates, agents, sub-contractors on this matter. You may also be subject to additional terms and conditions that may apply when you use the Services, content or software.
Applicable Law and Arbitration: Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with Imagene Labs arising from Agreement (“Disputes”) will be governed by the laws of Singapore regardless of your country of origin or where you access Imagene Labs. Any Disputes shall be resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre.
Failure from Imagene Labs to enforce any right or provision from these terms and conditions should not constitute a waiver of such right or provision. If any provision is found to be invalid, the other provisions shall remain in full force and effect.
Any claim or cause of action from or related to the Services or these terms and conditions must be filed within one (1) year after the claim or the cause of action is made.
If any provision in these terms and conditions is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.
We hold the right to modify or replace these terms and conditions, which are effective as they are posted on Imagene Labs’ website. If you disagree with any changes, you may terminate this Agreement at any time
You shall not assign any rights or obligations under this Agreement.
We can assign or delegate all rights and obligations under the Agreement without notice to you.