Genfosis Company Limited (the “Company”) is the owner and operator of the health and lifestyle advisory service analyzed through health checkup process; and genetic as well as behavior analysis, both via offline and online channel, under the product name of "Genfosis". The services provided by the Company commence from the conductance of preliminary qustionnaire; collection and analysis of genetic sample; provision of advisory via application based on the anlysis; to the recommendation of the appropriate products and services that would fit in for each user (the "Services"). The Company intend to notify you (the "User") that by signing up and registering to be the user to use the Service, you will become the User; provided that the User's use of the Service shall be subject to the terms and conditions of this Terms of Service.
This Terms of Service shall be applicable for all the steps and types of the Company’s Services, including the process when the relevant User (i) using the toolkits to collect the genetic specimen and delivering the same for analytic; (ii) signing up to get the user account through the Genfosis Application and transacting any activities via the application; (iii) getting any preliminary consult or advices on their genetic analysis that would reflect in the health risk exposure level of the relevant User; and any other relevant services as applicable, except defined otherwise for each specific services by the Company.
By signing up to use the Application or by purchasing the sample kits from the Company, the Company shall deem that the User has agreed to be bound by this Term of Services. If the User does not accept or does not comply with this Terms of Service and any amendment thereof, the Company reserves the rights to refrain from providing any of the Services to the relevant Users. By continuing to use the Service, the relevant User shall be deemed to always accept and agree to the Terms of Services.
During the use of the Service, the User acknowledges and agrees that the Company have set the pre-requisite qualification that the User shall have the legal capacity in entering into the Service transaction with the Company, meaning the User shall be legally mature (i.e. being 20 years old or getting the authorization from the relevnat legal guardian), and by signing up to use the Service, it shall be deemed that the User represents and warrants that the User is legally qualified to enter into the transaction with the Company. In case that the Company finds that any User is not qualified as defined by the Company, the Company shall be entitled to terminate or suspend the use of the Service by the relevant User at the Company's discretion; provided that the Parties understand that the Company is not obliged to do any scrutiny.
1. Description of the Company’s Services
The Company provides the following Services to the User:
Providing the health analytic information based on the 2 key factors gathered from the User to the Company, including:
A. Genetic Sample Collection that the Company shall collect and test with the standard that are compatible and appropriate as adopted by other company operating in the similar field of operation and service. For the avoidance of doubt, the User acknowledges and understands that the findings from the genetic sample test undertaken by the Company is intended to detect mutations within a specified reportable range of selected genes known to be associated with an increased health risk as shown on the analysis findings; provided that the analysis finding shall be adjusted and used together with other information provided and communicated by the relevant User to the Company (i.e. via the application logs or other questionnaires); and
B. Behavior, Lifestyle and Medical Treatment Information gathered from the self-declaration questionnaire prepared and submitted by the User under which the Company shall not be obliged to review or validate the information given thereunder
Limitations of the Analytic Services
During the process of genetic testing, the Company may not be able to process your sample in certain circumstances, in particular if your sample does not contain a sufficient volume and quality or the results from processing do not meet our standards for accuracy, at the Company’s sole and absolute discretion. If the initial processing fails for any of these reasons, the Company will reprocess the same sample at no charge to the User. If the second attempt to process the same sample fails, the Company will offer to send another kit to the User to collect a second sample at no charge; provided that the Company reserves the right to do so only in the circumstance that the Company considers that the User intentionally breaches this Term of Services to cause any damage in whatsoever form to the Company.
The swab and return tube in the sample collection kit may have limited shelf life. In case that the User deliver the sample to the Company after the period of time that the Company considers that the shelf life may affect the accuracy of the test result, the Company may reserve the right to reject the sample submitted and the User shall not be entitled to claim for any damages incurred from the exercise of such rights by the Company.
While the Company’s laboratory commits to use the best efforts in assuring the quality of the result and findings, since this is the test that shall require the continuous development and improvement, the Services provided may be subject to certain technical limitation, including without limitation the Service may not be able to detect or analyze certain types of genetic mutation that remains uncovered, such as genome in introns or regulatory regions, large duplication and deletion error, balanced translocation, inversions, ploidy changes, uniparental disomy, mosaicism, methylation alterations or other genetic mutation that have not expressed defined in the sample collection tools. Also, there may be certain circumstance that the findings may show false positive or false negative results.
The User shall acknowledge and agree that the findings and the risk analysis provided by the Company as the Services are conducted and processed by using the comparative reference from the genetic risk factors that have been discovered and reported in the public domain and the Company do not and shall not be deemed of giving any representation and warranties that the findings cover all the circumstances and all the disease or other health risk factors that the User may have that the Company do not cover in the comparison factors.
The User shall acknowledge and accept that result and findings provided by the Company only intend to give the preliminary analysis of the information based on the test conducted on the majority of the tester yet there is no guarantee or representation that every individual will be subject to the same level of risk since besides genetic factors, behavior, lifestyle and health treatment information and other factors may also contribute to the development of different diseases or health conditions and the Company cannot control or validate all those factors.
Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms in the public domain that may be subject to change. Based on the new information and/or modifications that the Company may consider appropriate to apply to the test result, the Company shall be entitled to exercise its sole discretion to amend or modify the User’s test result; provided that the Company shall notify the User of such change. The User shall acknowledge and accept such right of the Company that the modification shall be the integral part of the Services provided and the User hereby irrevocably waive any and all claims against us for any amendment or modification of test report in this circumstance.
The User shall acknowledge and agree that the test result of the Company is the non-diagnostic test and shall be treated as the non-professional medical advice; thus, the User shall not refer to this test purely for the treatment purpose. The User acknowledges that the test is solely constituted the assessment and analytic based on the statistic information and it is the intention of the Company that the User shall only use the test result as the basic tools to adjust their health focus to match with the risk assessed. The User shall acknowledge and accept that the User shall not use or refer to the test result provided by the Company for other purpose and in order to manage and plan the actual treatment, the User shall obtain the detailed and comprehensive medical assessment by the doctor or the medical experts again, not relying solely on the Company’s result, and the Company shall not be liable for the use of the test result in any purpose other than the ones defined hereunder by the User.
The User shall acknowledge and accept that the Company does not intend to provide Service in the manner that the User can rely on the test result to change the User’s health behavior since the test result is intended to be the first factor for consideration while there are other relevant factors that may impact the Company’s test that are beyond the control and guarantee scope of the Company. The User shall use their consideration when disseminating or sharing the test result provided by the Company with third party; provided that the User shall acknowledge and understand that the Company do not give any direct or implied representation or warranty for those third party disclosure and it shall be deemed that the User is doing so at their own risk.
Providing service of giving advice and recommendation based on the test result that may be communicated via one of these two channels:
A. Direct communication via the Company’s application where the User can log-in to their user account in order to get access to the test result and/or contact the Company directly in case of any query or information need. Though this communication channel, the employee of the Company will be performing this Service or
B. Communication made and interpreted by the clinic or hospital that sells the genetic sample toolkits to the relevant User. For the communication made through this channel as undertaken by clinic or the hospital, the User shall acknowledge and accept that the Company is only giving the raw test result information to these clinic or hospital but the Company shall not be entitled to control the recommendation or advices given by them and shall not be liable for any action, recommendation or interpretation made by these third party.
Providing the recommendation of the products or services that would match with or appropriate for the use of the relevant User based on the test result; provided that the User shall acknowledge and understand that the recommendation given are just the preliminary recommendation based on the test result provided under the Services in clause 1.1 only and it shall be the relevant User’s sole decision whether or not to purchase the recommended products or service. The Company does not give any guarantee of the successful outcome from the use of the recommended product or service or of their quality and efficiency, thus the Company shall not be held liable for the performance of the recommended products and services and the relevant User shall study and enter into the relevant terms and conditions defined by the products and service providers that are separate from this Terms of Service.
2. User’s Representations and Warranties
2.1 The User agree to keep the account and password information in strict confidential and shall not disclose such information to other person and the Company shall not be responsible for any loss incurred from the failure to comply with this clause by the User. In case of any unauthorized access to the account and password information, the relevant User shall notify the Company immediately and upon proven from the identity verification process as defined by the Company, the Company will suspend all the transaction undertaken of such User. Notwithstanding the other provisions defined, the User acknowlege that any transaction or service used by the User using the User’s account and password prior to the suspension of the account made by the Company shall be bound by such relevant User in all aspects.
2.2 For the use of the Company’s Services, the User shall represent and warrant as follows:
A. The User comprehend that the information that you may obtain from the Company in the performance of the Service is not intended to constitute the diagnostic and the Company does not give any guarantee on the successful outcome of the health management recommendation made by the Company;
B. The User shall represent and warrant that the DNA sample that have been submitted are the relevant User’s DNA and the information provided in the questionnaire or communicated via the application are provided for the use of the Services in pursuant to this Terms of Service, thus, the User represent and warrant that all the information provided are true and accurate in all aspects. The User shall have the right and duty to revise those information provided to be up to date and accurate at all the times and the User shall acknowledge and understand that the Company shall rely on the information provided without any obligation to verify or validate the information provided by the User;
3. Services Use
3.1 The User can only use the Services by downloading and installing Genfosis Application on their device and the User shall comply with this Terms of Services and the defined terms and conditions for the use of each function / service (if any); provided that all those terms and conditions, including the ones defined under this Terms of Service, is the material obligations that the relevant User shall comply with. If the Company finds that any User fails to comply with the defined terms, the Company shall be entitled to suspend the transaction undertaken or suspend the use of such User account immediately.
3.2 The User shall only use the Services for the legitimate purpose and pursuant to the Services objective defined under Clause 1 only; provided, in particular, the User shall comply the following restrictions when using the Services:
A. It is prohibited to conduct or commit any illegal actions; any action that violates the third party’s rights; any action that may provoke or invoke any illegal action.
B. It is prohibited to fake or imitating activities that will cause the misleading effect on any third party that the relevant User is not themselves and being other user for whatever reasons or justification;
C. It is prohibited to infringe the intellectual property rights or any rights of any third party;
D. It is prohibited to decode, decompile, reverse-engineer or attempted access to source code of Genfosis Application or other components in the Service provided by the Company (including without limitation the test or analysis undertaken), either in whole or in part and/or to use the Services in other commercial purposes, including without limitation renting, disclosing, licensing or sublicensing, distributing or assigning Services, either in whole or in part to any third party;
E. It is prohibited to submit the content that contains computer virus, malware or any other code, programme or files designed to destruct or affect the function of Genfosis application and other Services component or the use of the Services by other user;
F. It is prohibited to print, download, copy, send, publish or use any information that can identify other user, including without limitation the photos of other user displayed in Services (i.e. Genfosis Application) for whatever reasons, except obtaining prior written consent from the relevant user; and
G. It is prohibited to use the Services in other manner that may cause detrimental impact, either directly or indirectly, to the Company, including without limitation by sending the sample that does not meet the required conditions for the use of the Services with the wrongful intention to test out the performance of the Company.
4. Protection of Intellectual Property
4.1 All the content displayed on application or other contents provided in the Service performance by the Company, including without limitation any information, texts, graphics, pictures, layout, design, editorial contents, logos, homepage language, HTML contents and other components shown on Services system, in particular the analysis report and the recommendation provided thereon as well as the procedural mechanism in the Services delivery, are the intellectual property of the Company where the Company reserves all of their rights to enforce or exercise their rights against any violation or any violating use by any User.
4.2 The User commits not to violate or allow any third party to violate the intellectual property rights of the Company by copying, reproducing, transferring, publishing, disseminating, distributing, displaying, collecting (in whatever forms), adjusting, selling or transferring or offering to sell, or exploiting in all manners the contents of the Services and the Company’s intellectual property, either in whole or in part.
5. Limitation of Liability
5.1 To the fullest extent permitted under the applicable laws, the Company, it affiliates, directors, employees or representatives of the Company shall not bear any liability for any compensation incurred on the User for any damages other than the direct damage incurred explicitly from the misconduct or gross negligence by the Company and shall not be liable for the indirect or consequential damages incurred.
5.2 The Company provide the Service on the ‘As Is Basis’; therefore, to the fullest extent permitted under the applicable laws, the Company refuses to give representations and warranties and refuses to take any liability whatsoever relating to the Services other than the representation or the agreement explicitly defined under this Terms of Sevices, including in particular not giving the representation or warranties in the following matters:
A. The Company does not guarantee that the Services will provide all the services that are intended or anticipated by all of the user and does not guarantee that the function or qualification of Services will match all the desired objectives of each and every specific User; and
B. The Company does not guarantee that the Service shall (i) perform continuously and accurately at all time without any disruption or any delay; or (ii) be free from any technical error and the Company does not guarantee that Services, in particular Genfosis application, is operating without any virus or any component that may cause any harm to the User any time and at all time.
5.3 The User acknowledge and agree that the Company shall not be liable for any error, mistakes or any other disruption on the Service caused by the use of the relevant User that does not comply with the defined conditions by the Company; due to any force majeure; or any other circumstance that goes beyond the Company’s control.
6.1 The User represents that email registered can be accessible all the time and the User agrees that any communication or notice sent by the Company to the User at the defined email shall be deemed as duly receipt and acknowledged by the User and the User shall be deemed being notified from such date thereof.
6.2 The Company shall be entitled to terminate the relationship in providing the Services to the User in the following circumstances: (1) the User breaches or violates the Terms of Services; (2) the Company is obliged under the application laws to terminate the provision of the Services; or (3) the Company considers that the provisions of the Services under the Terms of Services are not commercially or technically viable or feasible and intends to terminate the provision of the Services in whole for whatever reason. For all the termination undertaken pursuant to this Clause, the User shall waive the rights to claim for any compensation from the Company.
6.3 The User shall not be entitled to assign the rights and obligations that the User may have under this Terms of Services to any third party in any circumstance, while the Company shall be entitled to assign the Company’s rights and obligations under the Terms of Services to any party freely at the sole discretion exercised by the Company.
6.4 All the terms and conditions defined under this Terms of Services shall be governed and interpreted under the laws of Thailand and all the disputes arisen hereof shall be settled by the Thai court.
6.5 The User agree that the Company shall be unilaterally add or revise any terms and conditions under this Terms of Service, including without limitation the service fee or other cost incurred for the use of the Services without any obligation to notify the User in advance; provided that the revision of this Terms of Services shall become effective upon the announcement on relevant channel. If the amendment thereof shall have direct effect on the rights and/or obligations of the User, the Company shall notify the relevant affected User.
6.6 The terms and conditions under this Terms of Services are severable and any provisions that become unenforceable, illegal or void shall not affect other remaining provisions or conditions that shall remain enforceable and valid.
6.7 The terms and conditions of this Terms of Service are prepared in Thai and translated to other language. If there is any discrepancy in the interpretation or application, the Thai language shall supersede.