Terms & Conditions

General

The website www.geneplanet.com (the “Website”), is controlled and operated by genEplanet, osebna genetika, d.o.o, registered at Cesta na Poljane 24, 1210 Ljubljana - Šentvid, Slovenia, registration number 3277062000. The terms “GenePlanet”, “we”, “us”, and “our” are used hereafter to include GenePlanet and all its subsidiaries.

These Terms and Conditions (“Terms”) are the legal equivalents of a signed written contract between you and GenePlanet in cases when you order our analyses, use our website at www.geneplanet.com, my.geneplanet.com, app.geneplanet.com, or mobile applications (collectively, our “Website”). Please read the Terms carefully, as by using our Website, you confirm that you agree to all terms and conditions herein.

These Terms may be amended or supplemented at any time with new provisions, and you are therefore encouraged to read them each time you visit our Website. Each version of the Terms is dated separately.

The present Terms have been drawn up in accordance with the enforced Consumer Protection Act, the General Data Protection Regulation (GDPR), the Personal Data Protection Act and the Electronic Communications Act. The present Terms and Conditions set out the operation of our Website, your rights and obligations and those of GenePlanet and govern the relationship between GenePlanet and you (the User).

Basic terms

“Website” – the website at www.geneplanet.com, the platforms at app.geneplanet.com and mobile apps;

“User” – any natural or legal person who visits our Website;

“Registered User” – any natural or legal person who registers on our Website;

“Customer” – a natural or legal person who purchases products from GenePlanet's range of products through our Website;

“Personal Data” – data defined as Personal Data by the PersonalData Protection Act.

Website description

Our Website gives users access to information related to our products and services. It also allows you to purchase our products and services and gives registered users access to their user accounts.

The information contained in the texts on our Website is provided for informational and educational purposes only. It is in no way a substitute for a doctor’s consultation or medical advice from a qualified healthcare professional. GenePlanet is not engaged in the practice of medicine and does not offer medical services or advice. Before beginning any testing or programme, please consult a qualified healthcare professional regarding risks, diagnoses, treatments, and/or other relevant medical conditions.

As health guidelines are constantly evolving and recommended standards and practices can change rapidly, it is always best to consult and confirm any information obtained from our Website with qualified health professionals.

Use of GenePlanet’s services

GENEPLANET’S PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE INMEDICAL EMERGENCIES. IF YOU NEED IMMEDIATE MEDICAL ASSISTANCE, STOP USINGGENEPLANET PRODUCTS AND CALL THE EMERGENCY MEDICAL HELPLINE. GENEPLANET’SPRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR EMERGENCY MEDICAL CARE.

How to order

Our Website gives users access to a wide range of products and services.

You start the order process on our Website by selecting a genetic or blood test, the quantity you want, and adding the selected products to your shopping cart. Adding a product to your shopping cart does not commit you to a purchase, as you can empty your shopping cart at any time. Once you have selected all the products you wish to purchase, proceed to checkout and follow the simple instructions. More detailed instructions on how to complete the order process are explained separately for Medical DNA tests on the following links: NIPT/NIFTY by GenePlanet, Cancer Screen, VeniSafe, and PGx (brand name: MyPharmaGenetics/MyMeds).[NL3] 

To successfully place an order, you must enter the followingpersonal data, without which we cannot process your order:

a.    Name and surname,

b.    E-mail address,

c.     Telephone number,

d.    Billing address,

e.    Delivery address for the Sample Collection Kit (which may be different from the billing address). This is also assumed to be the address from where you will send the sample back to us,

f.      Location of the desired sample collection procedure (when purchasing the NIPT test).

Your personal data will be collected and processed in accordance with the content of the Privacy Policy.

Order acceptance

All orders must first be approved by GenePlanet.

Once we have received your order, we will send you a copy of your order by e-mail.

Sample Collection Kit delivery

We aim to deliver your Sample Collection Kit within seven days of your order; however, delays may occur due to unforeseen reasons, in which case we will try to deliver your order as soon as possible.

The delivery charges that apply to your purchases are specifiedon our Website.

If the Sample Collection Kit does not arrive within thetimeframe specified above, please contact us at info@geneplanet.com quoting the order number. You will receive this number bye-mail after your purchase is completed.

Once we have received your payment, we will issue an invoicefrom our internal system. If you would like to receive the invoice, please letus know by e-mail.

When you receive your Sample Collection Kit, you must follow thekit’s instructions for sample collection and then send the sample back to us onthe same day, unless otherwise specified in the instructions of a particularproduct. This is especially important in the case of a blood sample. Anydelay in returning the sample increases the risk of the analysis beingunsuccessful.

Testing results

The estimated test turnaround time (from sample return to resultdelivery) is 45 days. However, this is only an indicative estimation and is notbinding, nor is it essential for this contractual relationship.

The information (including the results), content graphics, text,sounds, images, buttons, trademarks, service marks, trade names, and logoscontained in your results and appearing on our Website are protected bycopyright and other intellectual property laws.

Subject to these Terms, we grant you a non-exclusive licence for personal purposes for a limited period of time. Personal purposes refer to reading, viewing, and/or printing one copy of the material, so long as all copyright, trademark, and other proprietary notices remain intact and are not used for commercial purposes. Any other use of the Genetic Analysis Content, such as reproduction, modification, distribution, transmission, republication, or use of the content is prohibited. Any other use of your printed results, GenePlanet’s products and services, their content and software, including reproduction, modification, distribution, transmission, republication, display, or performance of the content on GenePlanet’s platforms, is strictly prohibited.

It is your responsibility to prevent unauthorised access to your user account. You will be responsible for all activities that take place on your account, whether or not authorised by you until you notify us of unauthorised use thereof, at which time we can prevent access to your user account. If we have reason to believe that there has been a breach of security or misuse of your account, we may change any or all passwords or security codes and notify you.

We reserve the right to suspend or terminate your right to use your account immediately if we have reason to believe that your password has been misused.

We will deliver the results to you in writing, and you are responsible for their security and safekeeping. If you want to share your results with family, friends, or employers, please be careful not to let anyone misuse the information or use it against you.

We always strive to provide you with the best information by keeping up with new scientific findings and progress in genetic technology. All our recommendations, based on DNA and blood tests, the lifestyle questionnaire, and body measurements, are based on scientific studies and/or medical guidelines. The recommendations are written for the general, healthy adult population and do not take into account any of your personal health issues (or a possible pregnancy and breastfeeding).

By agreeing to these Terms and Conditions you accept that our services may change from time to time without prior notice. As part of the continuing evolution of science, you accept and agree that we may stop(permanently or temporarily) providing certain services (or features within the services) without prior notice.
The list of analyses may not fully correspond to the actual online list due to possible updates and the variation in the information we get from your DNA. We reserve the right to modify the list of analyses offered, in these special cases.

Raw data

GenePlanet provides a data file with raw data upon written request from the User. Since the preparation of such a file presents additional work and specific knowledge from GenePlanet, this service will be charged to the User.

You can send your written request to GenePlanet’s DataProtection Officer at dpo@geneplanet.com. We will reply to the request and provide further instructions.We will then provide the raw data file within 10 days of receiving payment forthe service, or within 10 days of the date of availability of the analysisresults (when analysis results were not yet available on the date of therequest).

Risks and concerns

The analysis results give some insight into your well-being andfitness. However, it is important to bear in mind that this is only one aspectof your overall well-being and fitness and should be taken as a non-bindingrecommendation.

OUR RESULTS REPORT IS PRIMARILY EDUCATIONAL. IT DOES NOTCONSTITUTE MEDICAL ADVICE FOR DIAGNOSIS, TREATMENT, MANAGEMENT OR PREVENTION OFDISEASE, NOR IS IT A SUBSTITUTE FOR THE OPINION OF A MEDICAL PROFESSIONAL. IFYOU HAVE A SERIOUS HEALTH PROBLEM OR ARE PREGNANT (OR BREASTFEEDING), WERECOMMEND THAT YOU NOT CHANGE YOUR DIETARY HABITS WITHOUT FIRST CONSULTING YOURPHYSICIAN. UNDER NO CIRCUMSTANCES SHOULD YOU CHANGE YOUR MEDICATION OR ANYOTHER FORM OF MEDICAL CARE WITHOUT THE PERMISSION OF YOUR DOCTOR. UNDER NOCIRCUMSTANCES IGNORE, AVOID, OR DELAY SEEKING MEDICAL ADVICE FROM YOUR DOCTOROR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READIN OUR RESULTS REPORT. IF YOU HAVE OR SUSPECT THAT YOU HAVE A HEALTH PROBLEM ORCONDITION, CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY.

We do not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned in any of our analyses. If we provide guidance on what may work for you based on scientific research, genetic, blood, and self-reported data (lifestyle answers, body measurements), this is only intended for informational, educational, and research purposes. Genetic, blood marker, and self-reported data often cannot provide conclusive information on the interactions between certain genes and environmental factors, which can significantly change an individual’s health outcome.

Health, fitness, nutrition, and wellness decisions should not be altered solely based on the information provided by GenePlanet. Referral to a healthcare professional for a result consultation is recommended before acting upon the information provided by our services because factors such as unknown genetic markers, environmental factors, and lifestyle choices can also impact an individual's state-of-health.

User declaration

By using our Website, you acknowledge:

1.    That the submitted sample is from your saliva or blood; and if you agree to these Terms on behalf of someone else (for whom you are legally authorised), you guarantee that the submitted biological sample belongs to that person, and you are their legally authorised signatory;

2.    That if you are sending a biological sample from outside of Slovenia, you confirm that the shipment is not subject to any export ban or restriction from the country in which you live. You acknowledge that any biological sample you provide, and the data obtained from it may be transferred and/or processed outside your country of residence;

3.    That you are responsible for any consequences that may arise from sharing result information and data that you have provided with others;

4.    That you agree that all your personal data will be stored in separate GenePlanet databases and will be processed in accordance with our Privacy Policy;

5.    That you understand that submitting a biological sample, having your genetic or blood marker data analysed, having access to your genetic and blood marker information, or sharing information about yourself does not give you ownership or other rights in any research or products that GenePlanet or our partners may develop. You understand that you will not benefit in any financial way from the research or products that are derived from your genetic information, blood marker analyses, or your provided information (lifestyle questionnaire answers, body measurements);

6.    That if you fail to comply with any national legislation or otherwise violate these Terms, GenePlanet hast he right to terminate your account and refuse future use of GenePlanet’s services;

GenePlanet collects, processes, and stores your Personal Data in accordance with our Privacy Policy.

Prices and payment methods

Credit or debit card payments

If you opt for this payment method, you must enter your credit card information to process the payment before confirming the order.

All credit and debit card payments are made directly through the chosen secure system, our partner for payment processing solutions, and their banking partners. GenePlanet does not store any payment card information.

It is your responsibility to ensure that the selected payment card is active and has sufficient funds available to process the transaction successfully. Any additional charges generated if the payment card is rejected for any reason will need to be covered by the customer.

PayPal payments

If you choose this payment method, you will be redirected to the PayPal website. You will need to log in with your username and password or create an account before confirming your order. Once your payment has been processed successfully by the PayPal online platform, you will be redirected to our Website, where payment and order confirmation will be available.

If you choose to pay through PayPal, you are responsible for paying for the services and ensuring that your PayPal account is active and has sufficient funds for a successful transaction. Any additional charges generated due to a declined transaction (for whatever reason) will need to be covered by the customer.

Instalment payments

For certain products, you can choose to pay in instalments. If you choose this payment method, you will be required to submit a confirmation indicating your acceptance of the Terms and Conditions of the instalment payment provider before this payment choice can be confirmed. Acceptance of the provider’s Terms and Conditions is necessary to execute the chosen payment method.

GenePlanet reserves the right to change its prices at any time.

Promotional discount codes can be used at the time of purchase, subject to any time, place, product and quantity restrictions.

Consumer protection and material defects

Under the Consumer Protection Act, when buying products at a distance, the customer has the right to notify GenePlanet within 14 days of taking delivery of the purchased goods that they are withdrawing from the contract without having to give a reason for the decision. The customer may send an unequivocal statement (by e-mail to info@geneplanet.com), making it clear that they are withdrawing from the contract. In this case, GenePlanet will immediately send the customer an e-mail acknowledging the withdrawal. However, if the services according to the contract were already performed by GenePlanet and such services started based on the customer's consent that he/she waive his right to withdraw from the contract, goods cannot be returned.

The only cost to the customer withdrawing the order is the direct cost of returning the goods.

The goods must be returned to us no later than 14 days after the date of the cancellation notice.

The customer is deemed to have returned the goods in time if he sends them before the expiry of the 14-day return period.

The customer must return the goods received undamaged, unused, and of the same quantity, unless the goods are destroyed, damaged, lost, or their quantity has decreased without any fault on the part of the customer.

Refunds will be made immediately or, at the latest, within 14days of receipt of the cancellation notice. GenePlanet will return the payments received to the customer by the same means of payment as used by the customer unless they have expressly requested the use of another payment method, andv this incurs no additional cost as a result. GenePlanet may withhold the refund of received payments until the goods are returned or until the consumer proves that the goods have been sent.

The return of the goods received within the withdrawal period shall be deemed a withdrawal from the contract.

The consumer cannot and must not use the product while withdrawing the contract and may only inspect and test the product received to the extent strictly necessary to establish its actual state. Any inspection which deviates from the above may be considered as use of the product, which means that the customer thereby loses the right of product cancellation and withdrawal from the contract. The product is to be returned unused, undamaged, and in its original packaging. It must also be accompanied by a copy of the invoice or other relevant document.

Due to the nature of GenePlanet’s products, cancellation of the contract is not possible for purchased Medical DNA tests.

The customer must notify (at his own expense) GenePlanet of any material defects, together with a detailed description of the defect, within the statutory time limit and allow GenePlanet to inspect the product.

The customer who has duly notified GenePlanet of a material defect shall have the right to require GenePlanet to rectify the defect in the Product, to refund an amount paid in proportion to the defect, or to refund the amount paid.

GenePlanet complies with applicable consumer protection legislation and makes every effort to fulfil its duty to establish an effective complaints handling system. Complaints should be submitted via e-mail to info@geneplanet.com or in writing to genEplanet d.o.o., Cesta na Poljane 24, 1210Ljubljana – Šentvid. The complaint procedure is confidential. If GenePlanet does not accept the customer's complaint, it shall inform the customer of the reasons for the complaint rejection and their options for further dispute resolution.

If the customer is not satisfied with the complaint resolution, they may bring an action before the competent court of the customer’s domicile. GenePlanet does not recognise any out-of-court consumer dispute resolution providers.

Updates

Using whole-genome sequencing technology, we provide customers with updates: new analyses and additional information on existing analyses. Users can opt for a one-off purchase or a subscription. The service applies to all scientific studies related to mutations in an individual’s genome. The subscription is non-refundable and non-transferable. If an option for a subscription is not given, the only choice is a one-off purchase.

a. New analysis and information

The analysis of user results is based on information currently available in medical literature, scientific databases, laboratories, and algorithms. All these are subject to change. New information may replace or supplement the data used to analyse your results. For this reason, the results may change for some of our customers.

The number of new tests varies depending on the DNA test you have purchased.

Premium DNA test: if you buy the Premium DNA test as a one-off purchase or as an initial purchase with a subscription, you are eligible for new analyses. If you've bought the test as a one-off purchase, you are eligible for lifetime updates and new analyses. If you have subscription, you are only eligible as long as your subscription is active.

Subscription

You can buy certain products as a one-off purchase or pay an initial purchase price as part of a subscription.

a. Start of a subscription

Once you have registered and your initial payment has been processed, your subscription will begin. We will charge you the initial purchase fee and/or the first monthly subscription fee when you purchase a test. To ensure that you receive uninterrupted service, your subscription will renew automatically.

b. Automatic subscription renewal

Unless otherwise stated in the Terms and Conditions of your offer, your subscription will be renewed automatically. This means that when you register and become a subscriber, your subscription will automatically renew according to the selected payment programme. We will charge you for your subscription at the beginning of each billing period using the payment method you have selected. Please ensure that your payment details are correct, as your subscription will be terminated in the event of a failed payment.

c. Terms and prices

Prices and subscription conditions are subject to change at anytime. The terms, conditions, and prices valid at the time of subscription or payment of the last subscription fee shall apply until the end of that subscription period. However, new terms, conditions, and prices may apply for subscription renewal. You will be notified in due time before any changes apply. If you do not wish to renew your subscription under the new Terms and Conditions, you may cancel your subscription.

The subscription is non-transferable.

If you cancel your subscription, you will retain limited access to your user account.

d. Subscription period

You will receive updates for as long as you have an active subscription.

e. Termination and refunds

You can cancel your subscription at any time and for any reason without any obligation or charge.

You can cancel your subscription by contacting us by e-mail (support.si@geneplanet.com).

Unless otherwise stated in the Terms of your subscription, the following applies:

Monthly subscription: you can cancel your monthly subscription at any time, up to two working days before the renewal date, but you are not entitled to a refund of the subscription fee already paid. Upon termination, you will retain access to our services for the remainder of the month. If you terminate your subscription less than two days before the renewal date, your subscription will be renewed for another month, and you will be charged in full for such month.

Use of materials or trademarks on the Website

The names of the products and services and the content of the materials on our Website are the intellectual property of GenePlanet and are protected by all applicable laws in force. You may e-mail, download, or print copies of the materials from our Website solely for your personal, non-commercial use. However, when you e-mail, download, or print copies of materials from our services for your personal use, you must also include all copyright and other notices contained therein, including the copyright notice at the bottom of the page.

Use of GenePlanet's content or trademarks that are not in accordance with these Terms will be considered a breach of our agreement, and we will automatically revoke your permission to use our Website. The content on our Website remains our property or the property of the author of the content. We reserve all rights not expressly granted to you.

Links to other websites

We may provide links on our Website to websites on the internet operated by third parties. These links are provided to simplify your browsing experience; however, we are in no way responsible for other websites that you can access from our Website, or that can be accessed through links. When you access any other website, you understand that it is not affiliated with GenePlanet and that we have no control over that website’s content and privacy policy.

Guarantee and limitation of liability

WHILE WE DO OUR BEST TO ENSURE THAT ALL INFORMATION AND TESTRESULTS ARE ACCURATE AND CORRECT, WE DO NOT ASSUME ANY RESPONSIBILITY FOR THETIMELINESS, ACCURACY, OR COMPLETENESS OF THE INFORMATION PROVIDED. DO NOT RELYSOLELY ON THE CONTENT OR INFORMATION PROVIDED BY OUR ANALYSES, NOR SHOULD YOUMAKE IMPORTANT PERSONAL OR HEALTH DECISIONS BASED SOLELY ON INFORMATIONPROVIDED THEREIN. ALWAYS CONSULT A MEDICAL EXPERT FOR ADVICE SPECIFIC TO YOURPARTICULAR SITUATION.

We do not represent, warrant, or guarantee that our Website or server are compatible with your computer equipment and will enable uninterrupted and error-free use, including but not limited to viruses and other harmful elements. We accept no responsibility for any computer virus infection, bugs, tampering, unauthorised access, alteration, theft, technical failures, fraud, interference, deletion, defects, delays, or any events beyond our control that adversely affect the administration, security, fairness, orvcorrectness of our Website or your computer equipment.

We will make all necessary arrangements to ensure that our Website will operate uninterrupted at all times. However, due to the nature of interactive services and the internet in general, we cannot guarantee that there will never be delays, interruptions, or errors (whether caused by us or by external factors) that may temporarily and without prior warning prevent access to our Website. We accept no liability for any loss or damage that may arise from your inability to access our Website (whether caused by us or by external factors).

In rare cases, it is not possible to obtain precise information from certain samples analysed due to biological or technical reasons. This means that the data detected is of such low quality that it is not possible to say with 100% certainty what the result is. If the results obtained were inconclusive for whatever reason, re-sampling is necessary to increase the dataset for further analysis. To repeat the test, we need an additional sample and a further 50 calendar days to provide the results. You will not be charged for re-testing.

All representations, warranties, conditions and terms, whether expressed or implied, with respect to GenePlanet’s products and services or the information contained therein, other than those expressly stated in these Terms, are excluded to the fullest extent permitted by the law.

Any limitations or exclusions set out in these Terms and Conditions shall not affect any statutory rights to which you are entitled as a consumer.

Our commitments

The results of the completed analyses and the recommendations related to your lifestyle are for your personal use only. GenePlanet accepts no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

In particular, we accept no liability for any loss, delay, inconvenience, or damage that you may suffer as a result of:

·       damage to the sample during transport from you to us or any other reason that makes your sample unsuitable for analysis;

·       any consequences caused to you by the sample collection device;

·       any consequences, injuries, loss of blood, or impaired or improper wound healing after using the blood collection device. If you think you are susceptible to such issues, please do not use the blood collection device;

·       any use of the information and recommendations contained in the analysis results (including any health comments made in the results report). The results report will contain measurements that have been conducted on your behalf, based on your blood, DNA or lifestyle factor information. These results do not represent an interpretation of these measurements; you rely on them at your own risk. A results report, and any healthcare comment (if provided), is intended for informational purposes only and does not constitute medical advice, nor is it a substitute for the advice of a qualified medical professional.

Events outside our control

GenePlanet will not be liable for any failure or delay in performing any of its obligations if caused by an event beyond our control (ForceMajeure).

An event beyond our control refers to any act or event beyond our reasonable control, including, but not limited to, strikes, lock-outs, or other industrial actions by third parties, civil commotion, riots, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not)or threats or preparations for war, fire, explosion, storm, flood, earthquake, flood, epidemic, or other natural disasters, or failure of public or private telecommunications networks or inability to use railways, ships, aircraft, motor transportation, or other public or private means of transport.

In the case of an event beyond our control that affects the fulfilment of our order/purchase obligations:

·       we will inform you as soon as possible;

·       our obligations regarding the order/purchase are suspended, and the performance time for our obligations is extended for the duration of the event, which is beyond our control. If an event beyond our control affects our delivery of the Sample Collection Kit, we will arrange a new delivery date with you once the emergency has ended.

You can cancel your order/purchase by contacting us if the event is outside our control for more than 30 days. If you choose to cancel, you will be required to return (at our cost) any Sample Collection Kits already received. We will refund the amount you have paid, including any delivery charges.

Final provisions

These Terms and Conditions are governed by Slovenian law. This means that the relevant laws of Slovenia shall apply at all times in relation to our products and services and our Website and any disputes or claims arising from or in connection therein. The competent courts in Slovenia shall have authority to settle any disputes.