Terms of Service

Terms of Service
Genfosis Company Limited

Genfosis Company Limited (the “Company”) is a healthtech startup providing DNA testing services, including DNA sequencing, bioinformatic analysis and report, genetic counseling, and health advisor under the product name of "Genfosis" mainly for hospitals and wellness centers. 

Genfosis Services. The services provided by the Company start from the conducting preliminary questionnaire; collection and analysis of genetic samples; and the provision of customizable reports (the "Services"). 
Scope of Application. This Terms of Service shall be applicable for all the steps and types of the Company’s Services and any other relevant services as applicable, except defined otherwise for each specific service by the Company.
The User acknowledges that in addition to this Terms of Services, during the use of the Service, the Company may need to process the personally identifiable information of the User for the Services performance and the Company has announced the Privacy Policy that will define the details on those information processes.
Acceptance of the Terms of Services. By signing up to use the Services or by purchasing the sample kits from the Company, the Company shall deem that you (the “User”) have 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.
User’s Pre-requisite Qualifications. The User acknowledges that the Company has set the pre-requisite qualification that the User shall have the legal capacity to enter 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 relevant 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 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.

1. Company’s Services

1.1 The Company provides the Sample Collection and Health Analytic Services. Subject to the limitations as defined below in Clause 1.2, the Company will provide the health analytic information based on the 2 key factors gathered from the User, including: 

1. Genetic Sample Collection that the Company shall collect and test with the standards that are compatible and appropriate as adopted by other companies operating in a 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 are 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 other questionnaires); and

2. 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

1.2 Services Limitations

• Failed Test and Re-test. 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, to be determined at the Company’s sole and absolute discretion. 

For the avoidance of doubt, if the initial processing fails for any of the defined reasons, the Company will reprocess the same sample at no charge to the User for one time. 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 not to do so in the circumstance that the Company considers, at their sole discretion, that the User intentionally breaches this Term of Services to cause any damage in whatsoever form to the Company.

• Sample Shelf-Life. The swab and return tube in the sample collection kit may have a limited shelf life. In case the User delivers the sample to the Company after the defined shelf-life period of time determined by the Company, such sample may affect the accuracy of the test result and 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.
• Technical Limitation in Laboratory Process. Despite the Company’s best efforts to ensure the quality of the result and findings, since this is a test that shall require continuous development and improvement, the Services provided may be subject to certain technical limitations, including without limitation that the Service may not be able to detect or analyze certain types of genetic alteration that remain uncovered. 

For instance, in case of whole exome sequencing, examples of limitations may include regions in introns or regulatory regions, large duplication and deletion errors, balanced translocations, inversions, ploidy changes, uniparental disomy, mosaicism, methylation alterations, or other genetic mutations that are not included in the gene lists; and in case of SNP arrays, examples of limitations include certain types of mutation, balanced chromosome rearrangements or other SNPs that are not included in the lists. Also, there may be certain circumstances that the findings may show false positive or false negative results.

• No Representation of Inclusive Disease and Health Risk. 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 does 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.
• No Representation of Individual Result. The User shall acknowledge and accept that the 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 testers yet there is no guarantee or representation that every individual will be subject to the same level of risk due to the fact that 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.
• Company’s Right to Amend or Modify the Result. The User shall acknowledge and accept that the 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, at their sole and absolute discretion, appropriate to apply to the test result, the Company shall be entitled to amend or modify the User’s test result; provided that the Company shall notify the User of such change and the User hereby irrevocably waive any and all claims against us for any amendment or modification of test report in this circumstance.
• Non-Diagnostic Test and No Medical Advice. The User shall acknowledge and agree that the test result of the Company is a non-diagnostic test and shall be treated as non-professional medical advice; thus, the User shall not refer to this test purely for treatment purposes. The User acknowledges that 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 not use or refer to the test result provided by the Company for other purposes; 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. The Company shall not be held liable for the use of the test result for any purpose other than the ones defined under this Terms of Services by the User.
• Disclosure of the Test to Third-Party at User’s Own Risk. The User shall use their consideration when disseminating or sharing the test result provided by the Company with a third party and the User shall acknowledge and understand that the Company does not give any direct or implied representation or warranty for those third-party disclosures and it shall be deemed that the User is doing so at their own risk.
• No representation on the Interpretation and Advice given by the Hospitals or Wellness Centres. In case communication is made and interpreted by the clinic or hospital that sells the genetic sample toolkits to the relevant User, the User shall acknowledge and accept that the Company is only giving the raw test result information to the relevant clinic or hospital but the Company shall not be entitled to control the recommendation or advice given by them and shall not be liable for any action, recommendation or interpretation made by these third party.

• User’s Representations and Warranties

For the use of the Company’s Services, the User shall represent and warrant as follows:
A. Representation of Information. The User shall represent and warrant that the DNA sample that has been submitted is the relevant User’s DNA and that the information provided in the questionnaire is provided for the use of the Services pursuant to this Terms of Service, thus, the User represents and warrant that all the information provided are true and accurate in all aspects. The User shall have the right and duty to revise the relevant information to be up-to-date and accurate at all 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;
B. Representation on Right over Secondary Research. The User understands that in the use of the Services, the User shall not have any entitlement or rights over the information derived from the research or the analytic study undertaken from the raw data of the relevant User that the Company may produce or prepare and the intellectual property rights over such secondary research and analytic shall belong to the Company; provided that the Company shall avoid using the direct personal identifiable information of the relevant User and commits to be bound by the Privacy Policy declared.

3. Use of Services

3.1 Conditions to Use the Services. 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, are 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 Restricted Use of the Services. The User shall only use the Services for the legitimate purpose and pursuant to the Services objective defined under this Terms of Services only; provided, in particular, the User shall comply with 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; or any action that may provoke or invoke any illegal action.
B. It is prohibited to fake or imitate activities that will cause a misleading effect on any third party that the relevant User is not themselves and being other users for whatever reasons or justification;
C. It is prohibited to infringe the intellectual property rights or any rights of any third party or the rights of the Company;
D. It is prohibited to decode, decompile, reverse-engineer, or attempt access to any 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 content that contains a computer virus, malware, or any other code, program, or files designed to destruct or affect the function of the Services component or the use of the Services by other users;
F. It is prohibited to print, download, copy, send, publish, or use any information that can identify other users for whatever reasons, except obtaining prior written consent from the relevant user; and
G. It is prohibited to use the Services in another 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 any 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 in 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 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, its 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 provides 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 Services, including in particular not giving the representation or warranties that the Services will provide all the services that are intended or anticipated by all of the users and does not guarantee that the function or qualification of Services will match all the desired objectives of each and every specific User.

5.3 The User acknowledges and agrees that the Company shall not be liable for any error, mistake, 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. Miscellaneous

6.1 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 applicable 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.

6.2 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.

6.3 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 arising hereof shall be settled by the Thai court.

6.4 The User agrees that the Company shall 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.

6.5 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.