Service Terms & Conditions
Imagene Labs is dedicated to ensure privacy of customers. Therefore, we have made available the following information.
Imagene Labs collects personal and health information to better support customers for example provide better services and products, keep customers informed of new services and products and for marketing purposes.
This occur when customers register on our site, respond to a survey, fill out a form, enter information on our site, provide their biological samples or surf the website.
Imagene Labs may use the information about customers to process your request, donation, update your information and for marketing purposes.
Our website is scanned on a regular basis in order to make your visit to our site as safe as possible.
Customers’ information is only accessible by a limited number of persons who have special access rights, and are required to keep the information confidential. All sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.
We do not sell, trade, or otherwise transfer to outside parties customers’ personally identifiable information without customers’ permission.
We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
However, Imagene Labs do make customers’ information accessible to our subcontractors and partners eg website hosting partners and other parties who assist us in operating our website and conducting our business, because they agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
We may use third-parties to display or serve advertisements on our behalf on our websites or elsewhere on the internet. These third parties may set their own cookies, pixel tags, or similar technologies on our websites to collect information about users’ online activities over time and across different websites and applications in order to make our ads more relevant to you.
Please note: If you click away from our websites to visit the site of any third party advertiser, sponsor, social media network, or other third party site, you may be asked for your personal information for use of the social media network, or payment card or other personal information in order to purchase or use the products and services that those third parties offer, as applicable. These companies have their own privacy and data collection practices. We have no responsibility or liability for these independent policies. You should therefore review their privacy notices carefully regarding how your information may be used.
Imagene Labs may disclose personal information to third parties in these additional scenarios: (a) with your knowledge and consent; (b) as reasonably necessary to comply with a law, regulation, valid legal process (e.g. subpoenas or warrants served on us) or governmental or regulatory request; (c) as necessary or appropriate to protect the rights, property, safety, confidentiality, or reputation of Imagene Labs and its affiliates or other users in various parts of the world; (d) to enforce our terms and conditions; (e) to prevent fraud or cybercrime; (f) to permit us to pursue available remedies or limit the damages that we may sustain; or (g) as necessary or appropriate to otherwise address unlawful or harmful activity. If we are going to release your personal information to law enforcement, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so. In addition, we reserve the right to withhold advance notice where it would impede an investigation of identity theft, or in situations involving imminent physical harm or harm to minors.
Imagene Labs strives to deliver to our customers relevant advertisements on our websites and elsewhere on the Internet. Imagene Labs uses third parties to highlight to you advertisements that are tailored to you based upon your interests or online behaviours. Any such advertisements placed on our behalf will contain information on or near them that informs you about the third party delivering you the ads and how to opt-out of receiving such ads in the future. If you wish to not have your information used by our third party partners for the purpose of serving you such advertisements, you may do so by contacting us at www.imagenelabs.com.
We may occasionally run contests, surveys, or other special promotions on our and our partners’ and associates’ websites in which we obtain customers’ information eg health, personal and demographic information (like a zip code, age, or income level). We use this data to run the contests or promotions and send users promotional material about our company or third parties we deal with. Participation in these surveys or contests and providing additional customers’ information is voluntary. Customers’ information may be shared with other companies for marketing purposes.
In order to comply with all applicable laws and regulations governing the collection and use of personal information, our Privacy Statement will be updated regularly. If you do not consent to any changes to our Privacy Statement, you must stop using the Websites and the Services and you should notify us so we can discontinue your account.
If you have any questions about this Privacy Statement or Imagene Labs’ privacy practices, your dealings with our websites, or any disclosure of personal information to third parties for direct marketing purposes, or if you wish to request access to and receive information about the personal information we have received from and share about you (noting that your rights to access personal information may be limited in some circumstances), update and correct inaccuracies in the personal information we have about you, have the information blocked or deleted, as appropriate, or oppose (in case of legitimate reasons) the processing carried out with respect to personal information, you can contact us contact us www.imagenelabs.com We will respond to all access requests within 30 days.
Imagene Labs Sale of Goods and Services - Terms and Conditions
Imagene Labs’ Services
The services of Imagene Labs include the collection, extraction, and analysis of your information, based on a saliva sample 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’s 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.
Imagene Labs’s laboratory may not be able to process your sample and the analysis may result in errors. The laboratory may not be able to process your sample if your saliva sample does not contain enough DNA volume, you do not provide enough saliva, or the results do not meet the requisite quality and accuracy standards.
If the laboratory processing fails because of any of these reasons, the user has one of two options:
- Imagene Labs or it’s affiliates and partners will process the same saliva sample without any additional charges to the user. If the second attempt fails, Imagene Labs will offer to ship another kit to the user to collect a second saliva sample at no charge; or the user may elect a full refund of the amounts paid to Imagene Labs.
- If the user elects a refund under (b) and subsequently purchases another test that is not successful, the user will not be entitled to a re-test or a refund for that purchase. Despite established standards for the processing of saliva samples, a small fraction of data processed during the laboratory process may not be capable of interpretation or may be incorrect (referred as “Errors”). Users are not entitled to refunds arising from Errors.
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 saliva sample you provide. You also give permission to request Imagene Labs to disclose your analysis results to you and to Imagene Labs’ partners and affiliates.
You confirm that you are above the age of majority in the jurisdiction in which you reside.
You guarantee that the sample you provide is coming from your saliva; 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 sample provided belongs to that person and you have legal authority to act on that person’s behalf.
You acknowledge that any saliva sample that you provide and its resulting information 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 providing a sample, having your sample and 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 sample and 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.
In return for your use of Imagene Labs’s 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’s 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.
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.
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.
If you wish to terminate your legal 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 were 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 legal agreement with you at any time, as well as revoke your password and terminate your account if:
- you violate any provision of the terms and conditions or act in a way that shows you cannot comply with the provisions of the TOS;
- Imagene Labs is required to do so by law;
- one of the partners that offered the Services terminates its relationships with Imagene Labs or stops offering the Services to you;
- Imagene Labs no longer plans to provide Services to users in your country of residence or where you use the Services; or
- the Service provided to you by Imagene Labs is, in Imagene Labs’s opinion, no longer commercially viable.
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.
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.
Interactions between Imagene Labs’ Customers and ImageneLabs’ 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 this information provided on the Services.
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
- YOUR SERVICE USE IS AT YOUR OWN RISK. THE SERVICES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Imagene Labs EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES.
Imagene Labs MAKES NO WARRANTY THAT
- THE SERVICES WILL MEET YOUR REQUIREMENTS;
- THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;
- THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS
- ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD.
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:
- THE USE OR INABILITY TO USE THE SERVICES;
- ANY ACTION TAKEN BASED ON INFORMATION RECEIVED FROM THE SERVICES OR THROUGH THEM;
- YOUR FAILURE TO KEEP YOUR 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 YOUR 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.
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 can 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
Failure from Imagene Labs to enforce any right or provision form 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.
INFORMED CONSENT FOR RESEARCH
By visiting the Imagene Labs website and agreeing to be a research subject, I understand and agree to accept and adhere to the following terms and conditions below:
1) I hereby donate my biological sample and provide my information to Imagene Labs and its affiliates and partners for research use only.
2) My participation in this study is voluntary. I may stop participating in this study at any time.
3) My biological sample is given to Imagene Labs as a gift.
4) I agree that any information I provide will always be accurate, correct, and up to date.
5) I waive all property and intellectual property rights to my biological samples that are given or will be given to Imagene Labs.
6) I understand that all biological samples taken from me and information I provide will be de-identified, stored and used for research in any part of the world for any period of time.
7) Information collected for this study will be kept confidential. My records, to the extent of the applicable laws and regulations, will not be made publicly available.
8) I waive my rights to seek damages in the event my de-identified biological samples is re-identified through no fault of Imagene Labs or its affiliates or partners.
9) I agree to be contacted by Imagene Labs when I am deemed suitable for participation in a research project and in the course of research.
10) I agree that incidental findings will not be made available to me.
11) In the event of any publication regarding research using my biological sample, my identity will remain confidential.
12) If I have questions about the research studies in which I may be involved in, or if I wish to stop participating in research, I may contact Imagene Labs here.
13) I agree that any information I provide will always be accurate, correct, and up to date.
14) I am responsible for maintaining the confidentiality of any login information associated with any account I use to access Imagene Labs’ website. Accordingly, I am responsible for all activities that occur under my account/s.
15) I understand that accessing (or attempting to access) any of Imagene Labs’ information in Imagene Labs’ website by any means other than through the means Imagene Labs provides, is strictly prohibited. I specifically agree not to access (or attempt to access) any of Imagene Labs’ information through any automated, unethical or unconventional means.
16) I will not engage in any activity that disrupts or interferes with Imagene Labs’ information, including the servers and/or networks to which Imagene Labs’ information are located or connected.
17) I will not use, copy, duplicate, reproduce, sell, trade, or resell Imagene Labs’ information.
18) Imagene Labs reserves the right to modify these terms from time to time without notice.
19) I understand that Imagene Labs does not waive any of its rights by not exercising or enforcing any right or provision in this document.