LEGAL TERMS AND CONDITIONS
CONDITIONS OF ACCESS AND USE OF THE WEBSITE
1. GENERAL ASPECTS
1.1 Identifying Data: Information Society Services and Electronic Commerce (GENELINK, S.L.)
In accordance with Article 10 of the Law 34/2002 of Information Society Services and Electronic Commerce, it is made known that GENELINK, S.L. – commercial name ‘ tellmeGen’ (henceforth, “TELLMEGEN”) is a company registered in the Business Registry of Valencia in Volume 9817, Book 7009, Page 82, sheet V-160314, entries 1 and 2 with Tax Identification Number B-98649494, is licensee of the activity described, among others, through the Website http://www.tellmegen.com. The registered office of TELLMEGEN is located at Calle Arquitecto Mora, 5-4, Valencia 46010, Spain. In the event that you wish to contact us, you can do so at the above address of by email: firstname.lastname@example.org In addition, TELLMEGEN confirms that it has received the corresponding administrative authorization for carrying out its activity granted by the Regional Ministry of Health of the Valencia Regional Government (file num. AU/3340/2014). In particular, TELLMEGEN is inscribed in the Autonomic Registry of Health Centers, Services and Companies of the Valencia Regional Government with number 11540.
1.2 Acceptance and Validity of the General Conditions.
Both the navigation and the utilization and /or acquisition of any of the services offered on this site, confer on you the title of User and supposes the full acceptation, without any reservations, of all and each of the General Conditions (henceforth, “General Conditions”) valid at the moment that you, the User, (henceforth, “User”) access the page http://www.tellmegen.com (henceforth, “the Web page”. or simply “the Web”). TELLMEGEN can, at any moment and without previous notice, modify these General Conditions by posting said modifications on the Web page so that the User can be aware of them at any time. TELLMEGEN reserves the right to modify unilaterally and at any time, without previous notification, the presentation, configuration and contents of the Web page, as well as the conditions required for its use. Therefore, TELLMEGEN recommends that the User print or save these General conditions or, at least, read them each time he/she accesses the Web page. Likewise, TELLMEGEN reserves the right to suspend or terminate at any time and without previous notice all or part of the services offered on the Web page.
2. GENERAL CONDITIONS FOR THE USE OF THE WEB PAGE.
2.1 Web page use.
The User agrees to use the Web page in accordance with the Law, with these General Conditions, and with the generally accepted correct and moral behavior and in accordance with public order, answering to TELLMEGEN or to third parties for any damages or injuries caused as a result of the non-fulfillment of said obligation. The User will refrain from using the Web page for illegal or illicit purposes, purposes contrary to those established in these General Conditions, that might adversely affect the rights and interests of third parties or in any way damage, disable, overload or deteriorate the Web page or impede its normal use or enjoyment or the server that hosts said page. In the event that it be necessary to enter a name (henceforth “login”) and password (henceforth “password”) to use of some of the services included on the Web page, the User agrees to make diligent use of it and to not provide user names and passwords to third parties, and to inform TELLMEGEN as soon as possible of the loss, theft or any other circumstance which could compromise the confidentiality of the same.
2.2 User Obligations.
In general, the User is obligated to fulfill the current General Conditions, as well as fulfilling the special precautions or instructions for its use or the use of the Web page and act in accordance with the law, correct conduct and good faith, employing adequate diligence for the nature of the service provided, abstaining from using the Web page in any manner that could damage, disable, overload or deteriorate normal use of the same, the assets or rights of TELLMEGEN, their suppliers, the other Users or in general, any third party. Specifically and without implying a restriction of the obligation of the User in general, in accordance with the paragraph above, for Web page use as well as the use of services, the User is obligated (i) in the case of registration, to truthfully give and keep updated the given data; (ii) to not enter, store, or disseminate to or from the Web page, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, or incites violence, discrimination of race, sex, ideology, religion or any other social or personal condition or circumstance (for example, in questions pertaining to health) or in any other manner that is contrary to moral behavior, public order, fundamental rights, civil liberties, honor, privacy, or the image of third parties, and in general, contrary to the current existing law; (iii) to not enter, store, disseminate through the Web page any software , data, virus, code, hardware or telecommunication equipment or any other electronic or physical implement that may cause damage to the Web page, to any of the services offered by the Web page or to any of the equipment, systems or networks owned either by TELLMEGEN, another User, TELLMEGEN suppliers or in general any third party, or any manner that would cause any type of altercation or impede the normal functioning of the aforementioned; (iv) to adequately safeguard the login and password that is given to the User by TELLMEGEN, such as identifying or enabling elements to access the services offered on the Web page, agreeing not to cede its use nor permit access to them by third parties, holding TELLMEGEN without fault and being the User responsible for damages and losses which may be caused by the incorrect use of the same. Likewise, the User agrees to inform TELLMEGEN, as quickly as possible, of the loss or theft or any other risk of access of the login and/or password by a third party; (v) to not carry out, by means of the Web page, promotional, publicity, or commercial exploitation activities unauthorized by TELLMEGEN, nor utilize the contents and in particular the information obtained through the Web page to send publicity or send messages for direct sales or with other commercial objectives, nor to collect or store personal data of third parties; (vi) to not use false identities nor to impersonate the identity of others in the use of the Web page or of any other service of the Web page, including the case of passwords or access codes or any other means of third parties; (vii) to not destroy, alter, utilize for personal use, disable or damage the data, information, software or electronic documents of TELLMEGEN or of its suppliers or third parties; (viii) to not enter, store, disseminate by means of the Web page any contents which infringe on personal, intellectual property rights, industrial or business secrets of third parties, nor, in general, contents to which he/she does not hold, in accordance with the law, rights to their use by a third party.
2.3 Exoneration of responsibility.
TELLMEGEN will be responsible for those damages caused to the User as a consequence of the utilization of the Web page when said damages are directly attributable to TELLMEGEN. In so far as the information and content included on the Web page or that to which the User has access as a consequence of the links found on the same, TELLMEGEN does not guarantee to the User in any way, the access at any given moment to such information and content, nor its accuracy, validity, suitability or utility, not being responsible for the damages or losses of any nature as a result of the transmission, diffusion, storage, availability, reception, acquisition or access to the contents included on the Web page or on those to which the User has access as a consequence of the links set up on the same. TELLMEGEN is exempted from (and the User accepts) any responsibility for the unauthorized or misuse of the login or password and the lack of diligence on the part of the User to safeguard the same. Likewise, TELLMEGEN is exempted from (and the User accepts) any responsibility for damages and losses of any nature incurred, including but not limited to, (i) the presence of virus or other harmful elements on the Web page or Web pages that can be accessed through the links established there that can produce altercations in the User’s software, electronic documents or files; (ii) interferences, omissions, interruptions, break downs and/or disconnections in the operation of this electronic system or the informatics devices and equipment of the User, motivated by causes not attributable to TELLMEGEN that impede or delay the provision of services or navigation through the system and the Web page; (iii) usage delays or blockage caused by deficiencies or Internet overloads or other electronic systems; (iv) that possibly caused by third parties by means of illegitimate intromissions beyond the control of the Web page and that are not attributable to TELLMEGEN; (v) the divergences of information, documentation and/or other contents of the Web page that could exist between the electronic and printed versions; (vi) the impossibility of providing the service or permitting access for reasons not attributable to TELLMEGEN, due to the User, third parties or events of force majeure. The responsibility of TELLMEGEN regarding damages and losses of any nature that could be attributed to it, by explicit agreement of both parties will not exceed under any circumstances the quantity that is to be determined in each case in the particular conditions of the service purchased. In absence of this, the total responsibility of TELLMEGEN, with the exception of a case of gross negligence or fraud, will be limited to the price paid by the corresponding User to TELLMEGEN (without including taxes that might be applied).
2.4 Utilization of hyperlinks.
The Internet user who wishes to put links from his/her own Web pages to the TELLMEGEN Web page must fulfill the conditions which are set out as follows being aware that a lack of knowledge of these conditions does not imply avoiding the legal responsibilities. A hyperlink will link only to the TELLMEGEN Home page or the principal page of the Web page but cannot reproduce it in any form (inline links, text copies, graphics, etc.). It is prohibited, in accordance with the applicable current legislation at any time, to establish frames of any type that enclose the Web page or permit the contents to be seen in Internet addresses different from those of the Web page and, in any event, when they are seen together with contents not pertaining to the Web page so that : (i) it produces or may produce error, confusion, or deceit about the true origin of the services or contents for the User; (ii) it implies a comparison or unfair imitation; (iii) it serves to benefit from the reputation of the TELLMEGEN trademark and prestige; or (iv) any other form that is prohibited by the current legislation. It is prohibited to make any type of false, incorrect or inaccurate statement about TELLMEGEN, its address, employees, clients or the quality of service it provides from the web page that introduces the link. In no case should it be stated on the page where the link is located that TELLMEGEN has given its consent to insert the link, or imply in any other manner that TELLMEGEN sponsors, collaborates, verifies or supervises the services of the page. The use of any denominative mark, graphic or mixed brand or another characteristic sign of TELLMEGEN within the sender’s web page is prohibited except in those cases permitted by the legislation or specifically authorized in writing by TELLMEGEN, and whenever in these cases a direct link is permitted to the Web page, in the manner established in this clause. The page that establishes the hyperlink should fully comply with the Law and cannot in any manner make use of or link to its own contents or those of a third party that: (i) are illicit, harmful or contrary to moral behavior and, public order (pornographic, violent, racist, etc.); (iii) result inappropriate or not pertinent to the activities of TELLMEGEN concerning the place, contents and subject matter of the sender’s web page. Furthermore, the User will abstain from including in the Web page any hyperlink (hereafter “link”) directed to a Web page that contains information or content that is illicit, contrary to generally accepted public morals and decency and to public order.
2.5 Protection of Personal Data Policy.
TELLMEGEN recognizes the importance of protecting the privacy of the User of our Web page and for this reason has developed a Protection of Personal Data Policy which is made known to the User so that that the User, voluntarily and of his/her own free will, can decide whether or not to provide TELLMEGEN with the personal data that occasionally could be requested or obtained by using this Website and/or by requesting any of the services offered in this site. TELLMEGEN unilaterally reserves the right to modify at any moment and without previous notice the Policy for Protection of Personal Data to comply with the current existing legislation. To request information or to contract or acquire the offered services, the User should previously provide TELLMEGEN with certain personal data which will be used for the purposes of dealing with the consultations made, formalizing contracts online, managing, administering, providing, improving, and adapting the services offered on our webpage, as well as carrying out, by the adequate means, any promotional and publicity activities which could be of interest to said User. In accordance with the established Privacy Act (Ley Orgánica 3/2018 de 5 de diciembre de Protección de Datos y Garantía de los Derechos Digitales), in conformity with the prevailing legislation, regarding his/her personal data in compliance with that established in the preceding paragraphs, a User has the right to access, correct, cancel and oppose it, by sending an email to do so and attaching a photocopy of the National Identity Document, Passport or an equivalent identifying document to the address email@example.com. A User can also exercise his/her right to access, correction and cancelation at the following physical address: Calle Arquitecto Mora, 5 – 4 de Valencia, 46010, Spain. The User freely accepts the inclusion of the data gathered during his/her navigation on our website or provided to us through a form, as well as that data resulting from a commercial relationship and /or the delivery of the services purchased in the aforementioned file. Furthermore, in the event that the User contracts /uses the services offered on the Website that require the utilization of especially sensitive data (health issues), the User explicitly agrees to the use of said data by the personnel of TELLMEGEN, carried out in compliance with the obligation of privacy and confidentiality specified in Article 10 LOPD, adopting the security measures set out in the Royal Decree 1720/2007, of 21 December approving the Regulation for the development of the LOPD (henceforth, LOPD Regulation). During the data collection process, and on each webpage where data is requested, the User will be informed, either by a hyperlink or on the same form, whether or not the data collected is compulsory. In the utilization of the data included in the file, TELLMEGEN agrees to respect the confidential nature of the data and to utilize this data in compliance with the purpose of the file as well as to fulfill its obligation to store and adapt all measures to prevent the unauthorized alteration, loss, treatment or access of the data in compliance with the LOPD Regulation and other legislation that, in each moment, is applicable. Finally, regarding minors, their personal data and genetic information will be used in confidentiality, giving priority to the interests of the minor above all, in compliance with the Law of Legal Protection of Minors 1/1996 of 15 January.
2.7 Intellectual and Industrial Property.
The contents of the Web page (Hereinafter “contents”) which include but are not limited to texts, photographs, graphics, images, icons, software, links and other remaining audiovisual contents as well as their graphic design and source codes are the intellectual property of TELLMEGEN or of third parties who have ceded their use to TELLMEGEN. Said content is protected by the national legislature and international treaties regarding those intellectual property rights which are applicable. Likewise, all the marks, commercial names or distinctive signs of any class which are on the Web page are the property of TELLMEGEN or of third parties who, in the event, have authorized its use and inclusion by TELLMEGEN on its Web page. All of the intellectual and industrial rights on this Web page are legally reserved, and access to the same or its use by part of the User should not be considered in any manner as granting a license or right of use of any asset that is owned by or property of TELLMEGEN or third parties. The total or partial reproduction by any means of the content, marks, commercial names and distinctive signs of any type included on the Web page, as well as the sale, transfer, leasing, distribution, public communication, transformation or any other use that might be applicable, is totally prohibited without explicit authorization by the corresponding titleholder and will be prosecuted by civil and criminal procedures according to the national legislature and applicable international treaties.
3. CONDITIONS FOR THE SALE OF THE SERVICES OFFERED ON THE WEB PAGE
3.1. Pre-contract Information.
These general contract conditions together with the “Informed Consent” document and the particular conditions which can be established, will specifically regulate the relationship arising between TELLMEGEN and the Users who contract the services offered through the Web page. In any case, the language in which the contract is to be drawn up between TELLMEGEN and the Client shall be Spanish. The current General Conditions have been written up in accordance with that established in the Spanish Law: Law 34/2002, concerning the Society of Information and Electronic Commerce Services; Law 7/1998 about General Conditions of Contract; Law 7/1996 on Retail Commerce, regulations for the defense of Consumers and Users and all applicable legislative provisions. The use or acquisition of any of the services offered through the Web page imply the acceptance on the part of the User, without reservation, of all and each one of these General Conditions as well as the particular conditions which govern the acquisition. With regards to the User, he/she accepts that the TELLMEGEN services are limited by, principally, the following issues derived from genetic research: (i) the majority of the research and genetic studies are carried out on the Caucasian population (white race) and therefore it is possible that the interpretation given by TELLMEGEN may not be valid for people of other races; (ii) continuing with that pointed out in (i), the genetic-illness relationship is normally based on ethnic identity and the research is centered on a limited specific population so said research could impart a knowledge of a specific population but not of an individual member, and likewise, the relationship has not been studied in numerous populations and might not be valid for other populations; (iii) genetic research advances day by day and consequently the current genetic knowledge on certain illness or individual illnesses could be partial or inaccurate. Therefore following on the previous items, the User explicitly recognizes that TELLMEGEN does not guarantee that its services (including results) are free from error; are 100% accurate, reliable and free from risk; have continuity or answer the User’s expectations. TELLMEGEN informs the User that the procedures to complete the purchase of its services are those described in these General Conditions as well as those indicated on screen during navigation. The User states that he/she is aware of and accepts said procedures as necessary to access the services offered on the Web page. Modification and/or correction of the data provided by the User during navigation may be possible and should be done by carrying out the indications included on the Web page. The services offered on the Web page, together with the characteristics and prices, will be reflected in the corresponding online catalogue. TELLMEGEN reserves the right to decide at any moment which services and products will be included in the catalogue and offered to the Users on the Web page. Thus, TELLMEGEN can, at any given moment, add new services and/or products to those included on the Web page, being understood that, except if otherwise specified, these will also be governed by that stated in the existing current General Conditions. Additionally TELLMEGEN reserves the right to revoke access, at any moment and without previous notice, to any of the products or services offered on the Web page. VERY IMPORTANT: THE USERS OF THIS WEB PAGE MUST BE OVER 18 YEARS OLD and should follow the instructions which are on the different screens of the Web page to formalize the desired purchase. Likewise, the User can access the Web page but cannot formalize a purchase if he/she resides in a country or territory where the applicable legislature prohibits contracting services such as those of TELLMEGEN. In this event, the availability of the Web page cannot be qualified as an offer of services by TELMEGEN to those persons who can access the Web page in said countries or territories. Where the services of TELLMEGEN will be used by minors, it is necessary that said request be made by one the minor’s parents or tutors. If there are no parents or legal guardians, it must be the tutor who contracts the services. A tutor who wishes to contract the services of TELLMEGEN for a minor must accredit his/her authority by means of telematic mailing to TELLMEGEN of a scanned copy of his/her National Identity Document, the minor’s National Identity Document if the minor has one, and the Family Registry Book. If the party/parties concerned do(es) not possess a National Identity Document, a scanned copy of the passport or legal document which accredits the identity of the minor and/or parent/tutor should be sent. If testing is contracted by a legal guardian, guardianship must be proven by means of the scanned copy of the legal appointment as guardian by the courts, together with a scanned copy of his/her National Identity Document and a copy of the Minor’s National Identity Document (if the minor has one) sent electronically. If the party/parties concerned do(es) not possess a National Identity Document, a scanned copy of the passport or legal document which accredits the identity of the minor and/or guardian should be sent electronically. TELLMEGEN will not be held responsible for the accuracy of the statements made by those who declare to be legal guardians or tutors of the minor for whom they are contracting any of the services described on the Web page. TELLMEGEN also will not be held responsible for verifying the authenticity of the documents provided by those who contract in the minor’s behalf. TELLMEGEN will communicate only with Users over 18 years of age.
3.2. Procedure for purchasing services.
To purchase the services offered by TELLMEGEN, the User must fill in the registration form with the required data, follow the instructions that are on the screen to make the selection of the desired services, and once the General Conditions and the purchase summary which details the service(s) to be purchased are accepted, the payment data must be given according to the specified method of payment. The information given to TELLLMEGEN by the User during the contract process must be complete, accurate and current.
3.3. Confirmation of the service purchased and usage instructions.
As soon as TELLMEGEN receives confirmation of payment made by the User, the User will receive within 24 hours, an email confirming receipt which will inform the User of the purchase made and the steps to follow. If, in the exceptional case, the User does not receive an email of confirmation within 24 hours, he/she should send an email to TELLMEGEN at the email address firstname.lastname@example.org to inform them of the incidence. In any case, before formalizing the purchase and/or the utilization of other services such as the Forum, the User should accept these conditions which he/she will have at his/her disposition at all times on the Web page where the purchase was made. Additionally, by the acquisition of any TELLMEGEN service, the User accepts and guarantees: (i) that the saliva sample provided is the User’s own or is that of the person for whom the service was contracted, and that this person is not subject to any regulation that prohibits providing said sample; (ii) that said User does not work for, nor is associated in any way with insurance or healthcare companies, or any other third parties that could have commercial interests in finding out the results of the service contracted with TELLMEGEN; and (iii) that said User has not acquired the service with TELLMEGEN for commercial resale, copy, reproduction or exploitation in any form, and neither with the objective of criticizing, damaging or taking any action against TELLMEGEN and its activities.
3.4. Price and Method of Payment.
At the moment of purchase, the prices (applicable taxes included) on the Web site contained on the purchase summary page,prior to the formalization of the purchase, are valid except for typographical errors. In general, any tax, duty, and/or fee that is accrued as a consequence of purchasing the services as well as any other expenses that could arise from the same, are the responsibility of the User. When the User selects for purchase a service from the descriptive screen, the amount due will be visible on the screen plus any shipping expenses. Any service(s) purchased can be paid for by any of the following methods: -Credit card (Visa, Master Card or American Express): The payment of the services acquired and the shipping expenses, as seen on the screen, can be paid for by credit or debit card. For electronic payment, TELLMEGEN has installed a secure payment gateway for electronic commerce contracted from Stripe Payments Europe, LTD. All data provided for this purpose is encrypted to guarantee maximum security. This data is hosted in a secure certified server in accordance with SSL (Secure Sockets Layer) protocol. This protocol is universally supported by the principal browsers and guarantees the User: (i) the identity of the recipient of the data (not seller phishing); (ii) confidentiality of the information given; (iii) integrity (no manipulation) of the information given. Additionally, TELLMEGEN manifests that, in no case, will the data provided by the Users through the payment gateway be stored in any manner and that this data will be kept while the purchase is carried out, the payment is made and the withdrawal period has finalized. With the goal of providing greater security to credit card holders, a three-digit number has been included on the cards. This serves as an identification code to verify the physical presence of the card during the Internet transactions and is found printed on the reverse side of the card (on the signature strip), immediately following the card number. To prevent credit card fraudulent transactions, these control digits will be necessary to validate the operation.
3.5. Order cancelation.
The TELLMEGEN return policy is as follows: The amount to be refunded is subject to the following conditions: – If the product has not been opened (the plastic protector of the box is still intact) and is returned to TELLMEGEN, the total cost of the product minus shipping and handling costs will be refunded. – If the product has been opened (the plastic protector of the box has been broken), you will not have to return the product since, for hygiene reasons, it is to be destroyed. In this case, you will receive the amount paid for the product minus a penalization fee of 125€. – If you have already sent in your sample to our laboratory, there is no refund of the amount paid. In the unlikely event of a problem related to the order, the buyer should contact TELLMEGEN by email at email@example.com or using the return form on the Web page as soon as possible to resolve it.
3.6. Communication between the Parties – Customer Service.
For the purposes of this General Conditions and for any communication necessary between TELLMEGEN and the User, all communication should be directed to the Customer Service Department by email (sending a message to: support@TELLMEGEN.com) or in writing to the Customer Service Department at Calle Arquitecto Mora, 5 – 4, Valencia, 46010, Spain. Any communication from TELLMEGEN to the User will be made in accordance with the data provided by the User on registration. The User accepts the use of non-encrypted email communication as a valid procedure for all communication related to the Web page use and/or the purchase of services. The User exempts TELLMEGEN from any responsibility for the interception of or access to emails by unauthorized persons, as well as any damages or losses which the User incurs as a consequence of computer viruses, network failures or similar circumstances, except when the cause is directly attributable to TELLMEGEN.
3.7. Use and storage
The User accepts that TELLMEGEN establishes practices and limitations in relation to the use of its services including, among others, the maximum number of days that the contents be stored, the maximum space on the disc that can be used to store the account data or the maximum number of times that the User can enter in a specific time period. The User accepts that TELLMEGEN can discretionally modify at any time, these general practices and limitations.
If any of the clauses included in these General Conditions were declared, totally or partially, null and void because they contravene the applicable legislation, said clause will be removed, but the General Conditions will remain valid in the others, except in the case that the validity of the General Conditions depends on the validity of the clause or that its suppression means a significant loss in the equilibrium of the reciprocal provisions of the parts. In that case, the User and TELLMEGEN will negotiate in good faith the substitution of the clause(s) declared null and void and the measures to take to comply better with the intended purpose.
3.9. Resolution of controversy. Applicable legislation and jurisdiction.
In the case that a conflict or discrepancy should arise in the interpretation or application of these contractual conditions, both parties will submit to, expressly waiving any other jurisdiction, the Courts and Tribunals of Valencia (Spain) without prejudice to the Client to go to the Consumer Arbitration Board of his/her demarcation.