TERMS AND CONDITIONS

Please read these Terms of Service (which includes the DNA Test Terms below) carefully as they apply to your use of the chromozoom.app (“Website”) and the Service (defined below). By using, visiting or browsing the Website and/or using the Service, downloading or using the App, and/or ticking on the checkbox and clicking the acceptance button for these Terms, you are entering into a binding contract with Chromozoom Pte. Ltd. (UEN: 201824194G) (“we”, “us” or “Chromozoom”) and signifying your agreement to be bound by these Terms of Service (as may be updated and amended by us from time to time), including our Privacy Policy at chromozoom.app/en/privacy-policy and all other policies that may be published from time to time on the Service by us, which are hereby incorporated by reference.

Please do not submit any personal information or data without first reading our Privacy Policy at which explains our data use and privacy practices in detail.

We may modify or revise these Terms of Service at any time in the exercise of our sole discretion, by displaying the amended Terms of Service on the Website. Your use of any part of the Service thereafter following any revision thereto shall constitute your acceptance of the revised Terms of Service. If at any time you do not agree with these Terms of Service (or any revised versions thereof) you should immediately stop using the Service (including the Website).

1. Definitions

1.1. In these Terms of Service:

(a) “App” means our application software which is optimised for mobile devices and any and all updates, upgrades, supplements and releases thereto as may be provided by us from time to time, through which we enable or provide some of the services offered through our Website.

(b) “DNA Information” means information, data and results extracted from or resulting from the analysis of DNA samples, including your DNA in digitised form. DNA Reports provided to you may contain some but not all DNA Information relating to a DNA sample, depending on the type of DNA Test you purchased.

(c) “DNA Reports” means our reports to you on the analysis of your DNA Sample, which is provided to you as part of the DNA Test you purchase.

(d) “DNA Test” means one of the various types of DNA testing and personal genotyping service offered by us to you (as described on the Website), which includes (i) providing you with tools and/or kits to enable you to collect and submit your DNA sample to us; (ii) using, testing, analysing, sequencing and processing your DNA sample and extracting DNA Information therefrom; (iii) generating and compiling the results from such tests and analysis, and (iv) providing you with our reports and recommendations in relation thereto.

(e) “include” (and its derivatives, such as “including” and “includes”) shall mean to include without limitation.

(f) “Intellectual Property Rights” means all intellectual property rights, whether registered or not, including rights in trade marks, service marks, trade dress, business names, domain names, inventions, patents, designs, databases, copyrights, confidential information, know- how, trade secrets, rights in goodwill or to sue for passing-off, unfair competition rights, moral rights and all rights of whatever nature in computer programs, firmware and micro- code and includes all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

(g) “Personal Data” shall be as defined in the Privacy Policy.

(h) “Service” means the Website and App, and all products, software, features, functionalities, content, services, applications, websites and webpages offered or made available to you by us (on or through the Website and App) in connection therewith (and any and all updates, upgrades, enhancements, supplements and releases thereto as may be provided by us from time to time), including:

(i) our customer support website at chromozoom.app/en/contact;

(ii) DNA Tests and all services and deliverables comprised therein, including the DNA collection kit and DNA Reports;

(iii) access to a personal registered account;

(iv) access to information and data on our products and services;

(v) recommendations on related products and promotions;

(vi) access to search engines or tools;

(vii) blogs, message boards, communication tools;

(viii) email or message alerts; and/or

(ix) other reports, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, broadcasts, comments, suggestions, ideas and other content.

(i) “User Content” means all data, information, data, text, music, audio, photographs, graphics, video, messages, or other content excluding DNA Information and Personal Data which is posted to, displayed on or transmitted through the Service.

2. The Service

2.1. The Service is for use only in some countries. Please refer to our Website for a list of countries in which the Service is currently available. Additional country-specific terms and conditions may apply to you depending on which country you are using the Service in.

2.2. We reserve the right to update, change, remove, suspend, disable or restrict access to or discontinue the Service (or any part thereof) or change any features, component or content thereof at any time, for any reason, without notice or liability. We do not guarantee that any specific content, component and/or feature will always be available on the Service.

2.3. You acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support Service with respect to the Service. Notwithstanding the foregoing, you acknowledge and agree that we may need to interrupt or suspend your access to the Service from time to time, for maintenance, technical or other reasons.

2.4. You acknowledge that such interruptions, including planned downtime, routine maintenance and updates, may result in temporary unavailability of our Service. We will attempt to notify you in advance of any scheduled downtime (including on the Website, through the App, by email or other communication channels) but you acknowledge that this may not be reasonably practicable for unscheduled downtime (including emergency maintenance) which are due to reasons beyond our control.

3. Your Licence to Use the Service

3.1. Subject to your agreement to and continuing compliance with these Terms of Service, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service (including to download and use the object code of the App on a single mobile device that you own or control) in accordance with the terms herein.

3.2. You may not do, attempt to do, or permit any third party to do, any of the following:

(a) copy, reproduce, modify, adapt, translate, publish, display, distribute, sell, lease or otherwise exploit or use for any commercial or other purposes, the Service (or any content therein);

(b) disassemble, decompile, reverse-engineer, create derivative works based on or discover the source code of the whole or any part of the Service, except to the extent that applicable law expressly permits despite this limitation;

(c) do anything that would disrupt, alter, destroy, impair, interfere with, overburden or limit the functionality, operation or security of the Website or App, or interfere with another user’s use and enjoyment thereof, including by hacking into the Website or App, or transmitting any virus or malicious code;

(d) scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(e) use any linking, deep-linking, mirroring, framing or page-scraping technology, robots, spiders, scripts or other similar processes or technology, to access, allow access to, copy, distribute, display, monitor or enable the mass download or extraction of data from the Website or App;

(f) engage in any fraudulent, unlawful or illegal activity;

(g) attempt to gain unauthorised access to the Website or App, other users’ accounts, user passwords, private or personal information of users of the Service, or private mailing lists on the Website or App through password mining or any other means; and/or

(h) access the Website or App by any means other than through the user interface provided by us for use in accessing the Website or App.

Any rights not expressly granted herein are reserved.

4. Your Account

4.1. You may browse the Website to a limited extent without registering for an account. However, in order to place orders, purchase DNA Tests and/or review your orders on the Service, you will have to sign up for an account with us (“Account”). Your Account is not transferable.

4.2. To use the Service, and in signing up for an Account, you represent, warrant and undertake that:

(a) you are eighteen (18) years of age or older and can execute legally binding contracts under applicable law;

(b) you have full power and authority to agree to these Terms and undertake the obligations hereunder, which shall be enforceable against you in accordance with its terms;

(c) you will only use the Service, and be registered, under your real name, and are not impersonating any other person, operating under an alias or otherwise concealing your identity; and

(d) you will not use the Service for any purpose that is unlawful, or in breach of any of your obligations under contractual or fiduciary relationships.

4.3. We are entitled in the exercise of our sole discretion, to refuse to offer access to or use of the Service to any person or entity, refuse any Account application, and/or to change the eligibility criteria for registration at any time, for any reason and without notice to you.

4.4. You will be prompted to create a unique login username and password (“Login Credentials”) when you sign up for an Account. You are responsible for safeguarding your Login Credentials and keeping them confidential, and you shall be solely and fully liable for any disclosure or unauthorised use thereof. You must not share your Login Credentials with anyone else or allow anyone else to access or use the Service using your Login Credentials.

4.5. Any use of and/or access to the Service referable to your Login Credentials shall be deemed to be use of and/or access to the Service by you. All information, instructions, communications, orders or messages received by us via the Service and referable to you or your Login Credentials, shall be deemed to be transmitted or validly issued by you, and we and our third party service providers shall be under no obligation to verify the authenticity or accuracy thereof, but be entitled to act upon, rely on and/or hold you solely responsible and liable in respect thereof.

4.6. We shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the unauthorised, wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or unauthorised disclosure of your Login Credentials, please promptly notify us using our contact details at Clause 13.11.

4.7. When you sign up for an Account, you will be asked to provide us with certain information (including Personal Data, which will be collected, used and stored in accordance with our Privacy Policy at chromozoom.app/en/privacy-policy). You represent that all the information you provide to us at registration and/or at any time:

(a) is true, accurate, current and complete, and that you will promptly update such information on your Account to ensure that it remains so at all times; and

(b) is owned by you, and/or that you have the right to use and disclose the same, and allow us to do so in accordance with our Privacy Policy.

4.8. You acknowledge that your phone number and email address are essential in order for us to be able to contact you and supply you with important information (such as order confirmations, delivery timings and changes to the Service). By registering an Account with us, you accept that your phone number email address may be used to supply you with such information through SMS and email respectively.

5. User Content and Communication Channels

5.1. The Service may provide communication channels such as and including forums, communities, message boards or chat areas (“Communication Channels”) designed to enable you to communicate with other users. We have no obligation to monitor these Communication Channels but may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are not endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. We will not under any circumstance be liable for any activity within Communication Channels, and you participate in the same at your own risk.

5.2. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Additionally, we may monitor, record, review, modify and/or disclose your communications on the Communication Channels, without notice to you, and you hereby consent to such monitoring, recording, review, modification and/or disclosure.

5.3. Subject to the Privacy Policy, by submitting, posting, or displaying User Content, you hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, display, reproduce, modify, adapt, publish, broadcast, distribute, exploit and create derivative works of your User Content in whole or in part, for any purpose as we may require in our sole discretion, including for commercial, non-commercial and/or promotional use. You warrant that the use or reproduction of your User Content by us will not violate or infringe the rights of any third party, and you hereby agree to indemnify, defend and hold us harmless for all claims, liabilities, damages and expenses (including legal fees and expenses on a solicitor-client basis) arising from your breach of this warranty.

5.4. Each user of the Service is responsible for the User Content that it uploads or posts on the Service and we make no warranty as to its accuracy, quality, legality or integrity. You agree that we will not under any circumstances be liable for any User Content, including errors or offensive material in any User Content.

5.5. We have no obligation to regulate User Content but may do so. We reserve the right to review all User Content on the Service and to remove any User Content for any reason in our sole discretion without notice.

5.6. We are not responsible for User Content, personal data or other information that you choose to share on the Communication Channels, or for the actions of other users.

5.7. You undertake NOT to do any of the following in connection with your use of the Service and/or the Communication Channels:

a) post, upload, transmit or otherwise disseminate information that is unlawful, tortious, defamatory, abusive, harmful, invasive of another’s privacy, obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable or offensive;

b) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, or make personal attacks against other users or statements that are racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable; or

c) upload, post, publish, distribute, disseminate or otherwise transmit any content in breach of any law, in infringement of any intellectual property rights, and/or any obligations under contractual or fiduciary relationships (including obligations of confidentiality).

6. Promotions and Vouchers

6.1. We may from time to time offer discounts or run promotions, contests, surveys, privileges, events and other programmes (“Promotions”). Promotions shall be effective only for the applicable promotional period and on a “while stocks last” basis (where applicable), and shall be subject to additional terms and conditions.

6.2. The use of credits, vouchers, coupons and codes (“Vouchers”) are subject to the additional terms terms notified to you on the Service or email where the Voucher was offered.

6.3. Our decision on all matters relating to Promotions, Vouchers and other rewards and privileges is final and binding. We reserve the right to discontinue any Promotion or Voucher at any time without notice

7. Intellectual Property Rights

7.1. The Service is owned, operated and maintained by us.

7.2. You acknowledge and agree that all Intellectual Property Rights in the Service (including its data, text, content, design, compilations, and its “look”, “feel”, “appearance” and “graphic function”) and DNA Tests (subject to Paragraph 7.1 of the DNA Test Terms and excluding User Content and Personal Data), belong to us and/or our licensors, and we reserve and retain all rights in the same.

7.3. Permission is granted to electronically copy and print hard copy portions of the Service only where a ‘print’ or ‘download’ option or function for the same is made available by us. Any other use, including the reproduction, modification, distribution, display or transmission of the content of the Service is strictly prohibited. You further agree not to remove, change, obscure or delete any proprietary rights notices that may be affixed to or contained within any materials downloaded from the Service (including the DNA Reports). You acknowledge that we and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. We reserve the right to revoke this authorisation at any time, and any use shall be discontinued immediately on written notice from us.

7.4. The Service contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (including the ‘Chromozoom’ name and logo) (“Marks”) owned by us or other third parties. No right, property, licence, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant or under these Terms of Service. You shall not copy, reproduce, display or use in any manner any of the Marks (including in any advertising or publicity or as a hyperlink, or register as a domain name a similar or identical name), without our express written permission.

8. Submissions

8.1. You may submit comments, feedback, suggestions and other content or information to us (collectively, “Submissions”) provided such Submissions do not violate the law nor anyone's rights (including infringing any intellectual property rights or breaching a contract) nor consist of or contain software viruses, solicitation or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of a Submission. We reserve the right (but not the obligation) to review, remove or edit any Submission.

8.2. If you choose to make a Submission, you agree that these shall not be considered confidential to you, and we are free to use the same without any restriction or compensation to you (subject to the Privacy Policy). Without prejudice to the foregoing, you hereby grant us a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable and irrevocable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Submissions that you provide or publish through or in relation to the Service or Website, for any purpose as we may require in our sole discretion. You warrant and represent that you own all of the rights to your Submission and that its use thereof by us as in accordance with these Terms of Service will not infringe the rights of any third party.

9. Disclaimers & Limitations

9.1. The Service (including the DNA Tests) are provided to you “as is”, “as available”, without any warranty of any kind, and we hereby disclaim to the maximum extent permitted under applicable law all warranties and conditions in relation thereto (whether express, implied or statutory) including any implied warranty or condition of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise. Without limiting the foregoing, we make no representation or warranty:

(a) that the Service will be uninterrupted, error-free or virus-free, or that bugs and defects therein will be corrected;

(b) that the use of the Service , or any material downloaded or other obtained through use of the Service will not damage or affect the functionality or performance of the device on which it is downloaded;

(c) the use of the Service or that the use of any functionality or feature of the Service will be lawful, non-infringing, or not in breach of contractual obligations, and you agree that you have full and sole responsibility for ensuring the same;

(d) that the transmission of your information through the Service will be entirely secure;

(e) regarding the effectiveness of any health care provider, course of action, drugs, treatment, medical products or services, procedures, opinions, or other information that may be mentioned on our Service; and/or

(f) as to the correctness, accuracy, completeness, reliability, safety, timeliness, quality, suitability or availability of the Service, including the DNA Tests, DNA Reports and/or DNA Information.

9.2. You acknowledge and agree that the entire risk arising out of your use of the Service, and the purchase and use of our DNA Tests, remains solely with you, to the maximum extent permitted by law.

9.3. By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure, and that it is possible that the data on the Service can be mistakenly released, lost, hacked or accessed by unauthorised users. You understand that any information you upload or send using the Service or make available to us through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You further acknowledge that operation of and access to our Service may be interrupted or interfered with as a result of technical errors or issues or other factors outside of our control.

9.4. To the fullest extent permissible under law, we hereby disclaim all liability to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, whether foreseeable or not, under contract or tort, including damages for loss of profits, loss of business, revenue, use, data, money, goodwill, reputation or other economic advantage, personal injury or property damage, even if we are aware of or have been advised of the possibility of the same, arising out of or in connection with your use of, or the inability to use, the Service or DNA Tests, including:

(a) your failure to keep your Login Credentials secure or confidential;

(b) your breach of these Terms of Service;

(c) the sale and provision to you of the DNA Test in accordance with these Terms of Service;

(d) your use of the DNA Tests and DNA Reports;

(e) use by us of your DNA samples, DNA Reports and DNA Information, in accordance with these Terms of Service;

(f) your reliance on any information provided to you through the Service or in respect of the DNA Tests;

(g) unauthorized access to your Account or alteration of your transmissions or data; and/or

(h) acts, omissions, fraud, default, negligence, representations or statements of any third party.

9.5. To the maximum extent permitted by law, in the event that we are liable for damages despite the provisions in these Terms of Service, you agree that no action or claim, whatever its form, may be brought by you against us or our Indemnitees more than one (1) year after the event which gave rise to your action or claim arose, and further, that our aggregate liability to you, if any, under any and all causes of action, in relation to:

(a) any order, sale or delivery of any DNA Test by us under these Terms of Service shall not exceed the price of the DNA Test giving rise to such claims; and

(b) in all other cases, shall not exceed S$10.00.

9.6. You agree that the above exclusions and limitations of liability enable the Service and DNA Tests to be provided by us at either lower costs or reasonable costs to you.

10. Linked Websites

10.1. We may provide links, plug-ins, widgets or other connections to other websites (“Linked Websites”) that may be of relevance and interest to users. Some of these third party websites may be co- branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. The Service may also carry advertisements from other companies. When you click on links to third-party websites in the Service, you may leave the Service. We have no control over, and are not responsible for the content on or obtained through the Linked Websites or for any damage you may incur from using or accessing the Linked Websites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Websites) or the availability, accuracy or reliability of any of the Linked Websites. The inclusion of an advertisement of, or link or accessibility to, a Linked Website, does not imply endorsement of the same by us. You hereby agree to assume all risk arising from the use of the Linked Websites and hereby irrevocably waive any claim against us with respect to the Linked Websites. We do not guarantee any of the Linked Websites, and expressly disclaim all liabilities and responsibilities arising in relation to any Linked Websites.

11. Suspension and Termination

11.1. You agree that we have the right in our sole and absolute discretion and without prior notice or liability, to deactivate, delete, suspend or terminate your Account (including to remove or delete all related information and files in your Account) and/or restrict, suspend or terminate your access to all or any part of the Service or Website without assigning any reason.

11.2. Without prejudice to the generality of the above, where we suspect that (i) you have committed a breach of this Agreement or any law; or (ii) there is any fraudulent or illegal activity on your Account or in connection with your use of the Service, or (iii) any information you have provided us untrue, inaccurate, not current or incomplete, we shall be entitled to take such action as we may deem appropriate without prejudice to our other rights and remedies under this Agreement or at law (including suspending, terminating or updating your Account, cancelling your orders, correcting inaccurate information you have provided us, refusing to process your DNA sample or perform the DNA Test, and/or deleting your DNA Reports) without any liability to you or obligation to provide you with any refund.

11.3. Without prejudice to the generality of the above, we reserve the right to deactivate your Account if it has been inactive for a period of ten (10) years or more (or such other time period as may be determined by us without notice to you).

11.4. You may request for the termination of your Account with us at any time by contacting us at our contact details in Clause 13.11.

11.5. Any termination of your Account (howsoever occasioned) shall not affect any of our accrued rights or liabilities of nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

11.6. Notwithstanding that your Account may have been terminated, you acknowledge that your payment history, username, password and other information (including Personal Data) may remain in our system for the purpose of complying with relevant laws. If you wish to delete or retrieve your Personal Data with us, you may submit a request to our Data Protection Officer in accordance with the instructions in our Privacy Policy.

12. Indemnity

12.1. You shall fully indemnify and hold harmless Chromozoom, its subsidiaries, related companies, officers, directors, employees, partners, agents and successors (“Indemnitees”) from and against any and all damages, awards, expenses, losses, claims, actions, liabilities, penalties, costs and/or demands (including statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), due to or arising out of, whether directly or indirectly, from:

(a) your act, omission, negligence, wilful default, mistake, misconduct, dishonesty or fraud;

(b) your breach of these Terms of Service;

(c) your User Content;

(d) any use of your Account referable to your Login Credentials;

(e) any breach or violation of any applicable laws or rights of any party;

(f) your access and/or use of the Service and DNA Tests other than in accordance with these Terms of Service and/or our instructions; and/or

(g) your instructions, and/or our acting in good faith and taking or refusing to take action based thereon.

13. General Terms

13.1. Governing law. Notwithstanding that the Service may be accessed from all countries around the world, and that each of these countries may have differing laws, by accessing and/or using our Service, you agree that these Terms of Service and all matters relating to your access and use of the Service (without regard to the conflicts of laws principles thereof) shall be subject to, governed by and construed in accordance with the laws of Singapore.

13.2. Dispute resolution. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts for the purposes of any legal action or proceedings (including any summons, motion or petition, and any application to court for injunctive, equitable and other relief) brought by us or our Indemnitees against you. You also expressly agree that any Indemnitee shall be entitled at its election to refer any claim not exceeding S$20,000 (or the highest limit prescribed by law) to the State Courts’ Small Claims Tribunal. You agree at our request to execute all documents (including executing where applicable a Memorandum of Consent) and to perform all acts necessary to enable such dispute to be referred to the Small Claims Tribunal at our election.

13.3. Arbitration. Subject to Clause 13.2 above, you hereby agree that any dispute, controversy or claim that you may bring against us or any of our Indemnitees arising out of or in connection with this Agreement, including any question you may raise regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre ("SIAC") or at such other venue in Singapore as the parties may agree in writing in accordance with the SIAC Rules. In relation to such arbitration: (a) the law of the arbitration shall be the Singapore International Arbitration Act (Cap. 143A); (b) a tribunal shall consist of a single arbitrator to be appointed by the Chairman of the Singapore International Arbitration Centre; (c) the language of the arbitration shall be English; (d) the parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential; and (e) no arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations.

13.4. Severability. If any provision of these Terms of Service is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Service shall continue in force save that such provision shall be deemed to be deleted.

13.5. Force majeure. We shall not be liable for any failure or delay in the performance of our obligations or the operation of the Service or any unavailability thereof that is due, in whole or in part, directly or indirectly to an event, circumstance or failure which is beyond our reasonable control including (i) acts of God, nature, court or government; (ii) strikes, lockouts, industrial action or labour disputes; (iii) riots, civil unrest, war or threat of war, criminal or terrorist acts; (iv) epidemic, quarantine restrictions; (v) disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party; (vi) utility failures, power outages, failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of Service; (vii) acts or omissions of the provider of telephone data communication lines, or any third party service provider or party for whom we are not responsible; (viii) delay, failure or interruption in, or unavailability of, third party Service and Linked Websites; and (ix) viruses, other malicious computer codes or the hacking by any party of the Service or Website, third party Service or Linked Websites.

13.6. Assignment. We may transfer our rights and obligations under these Terms of Service to another party without notice to you. You may not transfer any of your rights or obligations under these Terms of Service to another party.

13.7. Waiver. Failure or neglect by us to enforce at any time any of the provisions in these Terms of Service shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms of Service or prejudice our right to take subsequent action. No waiver of any rights or remedies by us shall be effective unless made in writing and signed by our authorised representative.

13.8. Relationship. Nothing in these Terms of Service shall constitute or be deemed to constitute an agency, partnership or joint venture between us and you and neither party shall have any authority to bind the other in any way.

13.9. Third party rights. Save for the indemnitees, a person or entity who is not a party to the agreement formed by these Terms of Service, or the binding agreement formed between us for the sale and purchase of a DNA Test, shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term herein, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

13.10. Notices to you. You agree that we may provide notices to you by posting it on the Website or sending it to you through the App, emailing it to the email address in your Account, or mailing it to the street address listed in your Account. Such notice shall be deemed to be received by you within 24 hours of the time it is posted to the Website, sent to you through the App or emailed to you unless we receive notice that the email was not delivered, or three (3) business days after it is sent by postal mail.

13.11. Notices to Chromozoom. Unless otherwise stated in this Agreement, notices to us must be emailed to us at [email protected] or sent to our address at CHROMOZOOM PTE. LTD., 1 MARITIME SQUARE #09-57B, HARBOURFRONT CENTRE, SINGAPORE 099253.

13.12. Entire Agreement. You shall comply with all operating rules, policies and procedures that may be published by us from time to time on the Website (collectively “Policies”). Without limiting the foregoing, the following Policies are incorporated into these Terms of Service by reference and provide additional terms and conditions related to specific Service offered by us:

(a) Privacy Policy at chromozoom.app/en/privacy-policy

(b) FAQ at chromozoom.app/en/faq

In the event of any conflict or inconsistency between these Terms of Service and the Policies, these Terms of Service shall prevail. Together with the Policies, these Terms of Service set forth the entire understanding between you and us with respect to the Service and Website.

DNA Test Terms

This section (and its paragraphs) relates specifically to the sale and provision by us of the DNA Tests, and your purchase and use thereof (“DNA Test Terms”), and forms part of, and is incorporated into, the Terms of Service. You agree to comply fully with these DNA Test Terms in your purchase and use of the DNA Tests, and all directions, instructions and/or any other terms issued by us from time to time in relation thereto.

1. Orders for DNA Tests

1.1. Offer. You may place an order for a DNA Test by following the instructions on the Service. An order placed by you through the Service shall be deemed to be an offer made by you to purchase the selected DNA Test(s) in the quantities set out in your order and for the price (and other charges and taxes) notified to you at checkout. You shall be responsible for ensuring the accuracy of your order. All orders will be deemed to be irrevocable and unconditional upon transmission through the Service and we shall be entitled (but not obliged) to process such order(s) upon receipt, without further reference to you. By placing an order, you authorise us to transmit information about you and your order to relevant third parties to the extent necessary to process your order and provide the purchased DNA Test to you (including verification checks to authenticate your identity, validate your credit/debit card, conducting checks to protect you and us from fraud, and/or enable us to arrange for delivery of your order), subject to our Privacy Policy.

1.2. Price. Prices of the DNA Tests (in the applicable currency) and any related charges and taxes (including delivery charges, goods and service tax, sales taxes and/or other taxes), will be notified to you at checkout. Our prices may change from time to time, and any promotional discounts or offers may also be withdrawn at any time without notice. We do not provide price protections or refunds on previous purchases in the event of price reductions or promotions.

1.3. Payment. You must pay for your purchase via payment methods which are accepted by us from time to time (including PayPal, MasterCard, Visa and American Express credit/debit cards). All credit card payments are subject to validation checks and authorisation by the card issuer. All payment transactions on the Service are processed using third party payment processors. You will be responsible for complying with any terms and conditions and charges imposed by such third party payment processors in connection with Service they provide to facilitate your online payments. We are not liable for any loss or damage sustained by you or any other party in connection with your use of these third party payment processing Service (including any errant or invalid transactions, or unprocessed transactions due to a network communication error, or any other reason). You agree that we are not responsible for missed payments, fraud, unavailability or hacking of our third party payment processors, or any other issues related to payments arising from the use of their Service.

1.4. Acceptance. All orders are subject to our acceptance. We reserve the right to accept, reject or cancel your order for any reason (including if the requested DNA Test is unavailable, if there is an error in the price or the description or an error in your order). Receipt of, or processing of payment for, an order shall not in itself constitute acceptance of the order by us. If we reject your order, we will endeavour to notify you either at the time you submit the order or within a reasonable time thereafter.

1.5. Binding contract. Each order that we accept results in a separate binding contract between us for the supply of the DNA Test(s) in respect of which your order was placed, which is subject to these Terms of Service.

1.6. Cancellation and refunds. You may submit a request to cancel your DNA Test, if you have not yet sent us your DNA collection kit, by email to [email protected] or sent to our address at CHROMOZOOM PTE. LTD., 1 MARITIME SQUARE #09-57B, HARBOURFRONT CENTRE, SINGAPORE 099253. Upon receipt of your validly submitted cancellation request, we will provide you with a partial refund, being the price of the DNA Test paid by you, less our charges for the DNA collection kit, delivery, and a cancellation fee. We will endeavor to process refunds within thirty (30) days of the approval of such refund by us. No cancellation or refunds will be permitted if your DNA collection kit has already been sent to us, or in any other circumstances unless specifically permitted under these Terms of Service.

         

2. Delivery of DNA collection kit

2.1. Upon the completion of your purchase of a DNA Test, we will send you a DNA collection kit for the collection of your DNA sample, unless we already have relevant and sufficient DNA Information from a previous DNA Test you purchased from us, which can be used for the present DNA Test.

2.2. Delivery of your DNA collection kit will be made to the address we have on our records at the time of purchase. Any delivery timings given to you are estimates only, and we are not liable for any delay or failure to deliver within the estimated delivery timings.

2.3. Notwithstanding the foregoing, in the event you experience any of the following, please contact us by email to [email protected] and we will mail you a new replacement DNA collection kit to, at no cost to you, if:

(a) the DNA collection kit has not reached your shipping destination within fifteen (15) days of purchase, and you notify us by by email to [email protected];

(b) if we do not receive the DNA collection kit, fifteen (15) days after you’ve sent it to us (through no fault of yours); or

(c) you receive a damaged or opened DNA collection kit.

2.4. We reserve the right to charge to you the costs of redelivery (including delivery charges and an administrative fee for exception handling) as a result of any problems arising from delivery or use of the DNA collection kit, due your act or omission (whether negligent or otherwise), including a change in your address or instructions, your failure to collect your order when delivered, your failure to use the DNA collection kit as instructed, your failure to send us the DNA collection kit within seven (7) days of collecting your DNA sample, or if you damage or lose the DNA collection kit you received.

3. Use of DNA collection kit

3.1. Once you receive the DNA collection kit, you should use it to collect your DNA sample, and send it back to us within seven (7) days, in accordance with our instructions. You acknowledge that time is of the essence for the return of your used DNA collection kit, as the quality of your DNA sample will degrade with time and any delay may render the DNA sample difficult or impossible for us to use for the purpose of the DNA Test.

3.2. If you have reason to believe you have an active infectious disease, condition or disorder you must not collect or submit your sample to us, until such time as that disease condition or disorder is no longer infectious or has been cured.

3.3. You agree that we are not liable for refusing to perform, or not performing fully, the DNA Test you purchased, if you do not comply with these Terms of Service or our instructions in relation thereto.

3.4. Some DNA samples cannot be processed satisfactorily or generate results that meet our internal standards for accuracy, due to various technical and other reasons relating to the nature and quality of the DNA sample (e.g. if your DNA sample from buccal mucosa does not contain sufficient DNA). If the initial processing of your DNA sample fails for the foregoing reasons (and not for reasons of your non-compliance with our instructions), we will notify you and send you a replacement DNA collection kit to collect a second DNA sample from you, at no additional charge. If the second attempt at processing your DNA sample fails for similar reasons, we reserve the right not to send you another replacement but to refund you for your purchase of the DNA Test. You agree that in such event, your DNA sample is considered by us to be unsuitable for DNA Tests, and you will not without our written permission, submit a DNA sample to us again from the same person through the future purchase of another DNA Test. If you do so, and your DNA sample fails to be successfully processed, you agree that we shall not be obliged to send you a replacement kit or to provide you with a refund.

3.5. All your physical DNA samples will be destroyed by us after the completion of the Service under your purchased DNA Test, in accordance with our prevailing policies for such destruction. The DNA Information relating to your DNA sample will however be retained in our archives in accordance with our Privacy Policy.

4. Processing

4.1. By purchasing a DNA Test, and submitting a DNA sample to us, you acknowledge and agree that you are giving us consent and permission to extract your DNA and related information from the DNA sample, perform genetic analysis on the DNA using methods available now and developed in the future, disclose the results of the tests performed by way of providing the DNA Reports to you and others that you authorize, and to store your DNA Information and to allow you to download the DNA Reports, subject to and in accordance with this Agreement and with the Privacy Policy.

5. DNA Reports

5.1. DNA Reports which are included in the DNA Test you purchased made available to you in your Account.

5.2. You acknowledge that in the event that you make a copy of and/or download your DNA Reports, you shall be solely responsible for the security, privacy and confidentiality of such copies of the DNA Reports (including their storage and disclosure). We shall not be liable to you or to any third party in connection with such download and/or storage, or the unauthorized or inadvertent disclosure of such copies.

5.3. We reserve the right, in our sole discretion, at any time to reject, block, refuse to disclose, or remove any DNA Reports provided by us after the processing of your DNA sample, for any or no reason, with or without prior notice, and without liability to you or any third party, save that we will refund you for your purchase of the DNA Test if we exercise such right without any breach or fault on your part.

6. Representations and Undertakings

6.1. By purchasing the DNA Test, and/or by providing the DNA sample and submitting it to us, you represent, warrant and undertake that:

(a) you will not use, copy or store the DNA Test other than for your personal information and private use only, and without prejudice to the foregoing, you will not use the DNA Test for any other purpose including commercial purposes, research and development, enforcement purposes, forensic examinations, criminal investigations and/or other purposes not envisaged or intended by us (as is evident from the description of the DNA Test on the Website and App), all of which are strictly prohibited;

(b) (where the DNA sample submitted to us is that of a minor) you are the minor's parent or legal guardian, and you undertake to promptly provide us written confirmation and evidence of the same in a format acceptable to us upon our request at any time (including as a condition to us releasing the DNA Reports to you);

(c) Without prejudice to sub-paragraph (b) above, you are eighteen (18) years of age or older, and the DNA sample submitted by you belongs to you or someone else for whom you have legal authorization to collect and share the sample and/or obtain the DNA Reports;

(d) the DNA sample is not subject to any export ban or restriction in the country in which you reside,

(e) the DNA sample and DNA Information generated from its analysis, may be lawfully transferred and/or processed outside the country in which you reside;

(f) you will not use the DNA collection kit outside of the country to which it was shipped;

(g) your use of the DNA Test and the submission of the DNA sample by you, does not violate any applicable laws or regulations; and

(h) you have the authority, under the laws of the jurisdiction in which you reside, to make the representations and provide the warranties and undertakings in this Agreement, and to the maximum extent permitted by law, you explicitly waive your rights under any laws or regulations in relation to the DNA Test, DNA samples, DNA Reports, in the state or jurisdiction in which you reside.

7. Ownership

7.1. We do not claim any ownership rights in your DNA samples, or the raw genetic data extracted from your DNA samples. For the avoidance of doubt, rights of copyright over copyrightable elements in the DNA Reports and DNA Information (including copyright in compilations) shall belong exclusively to us in accordance with Clause 7.

7.2. By submitting DNA samples to us, you hereby grant (and represent and warrant that you have the right to grant) us a royalty-free, world-wide, sub-licensable licence (subject to our Privacy Policy):

(a) to use your DNA samples and the DNA Reports derived therefrom to the extent necessary to allow us to provide the Service to you and perform your purchased DNA Test;

(b) to keep a record of your DNA Reports for so long as you have an Account with us, to enable you to store and access such DNA Reports under your Account,

(c) to keep a record of all DNA Information we derive from your DNA sample, so as to facilitate our delivery of services to you should you purchase additional DNA Tests in the future (e.g. to reduce or remove the need for you to provide additional DNA samples for future DNA Tests).

[You may revoke this licence at any time by giving us written notice of your intention to terminate your Account.]

8. Disclaimers

8.1. You acknowledge that the DNA Tests are for your personal research, information, educational and private use only, and do not constitute professional health, nutritional or medical advice. DNA Tests are not intended to be used by you for any diagnostic purpose and are not a substitute for professional health, nutritional or medical advice. You should not treat any information in your DNA Reports as a comprehensive or complete statement of the matters discussed or a definitive view on the same. You should always seek the advice of a qualified professional such as your physician or other health care provider with any questions you may have regarding your health (including with respect to diagnosis, cure, treatment, or prevention of any disease or other medical condition or impairment or the status of your health).

8.2. While information, opinions and recommendations given by us in your DNA Reports are based on reasonable knowledge, belief, and our interpretation and understanding of scientific literature or research which we believe to be reliable at the time, we do not warrant that the DNA Reports or its contents will be true, complete, accurate, current or free from errors. You should not rely upon the DNA Reports (or any information, opinions or recommendations therein) to make (or refrain from making) any health or medical decisions without consulting a professional. If you do, we are not liable for any action taken by you on the basis of or in reliance on the DNA Reports.

9. Risks and Considerations

9.1. You acknowledge and accept that the use of DNA Tests may reveal to you information which may be unexpected or unwelcome, or which may have a serious impact on you or others or have potential familial, social, legal, or economic implications for yourself and others, particularly your family members, since they may share some of your DNA.

9.2. It is possible that you (or others you share such information with) may find such information distressing and that such knowledge may cause anxiety or lead to adverse consequences.

9.3. If you are in any way concerned about the above mentioned implications, please do not purchase or use any DNA Test.

9.4. You acknowledge the risk that DNA Information you disclose to others could be used against your interests (including in support of discriminatory practices), and that consequently you should be careful about, and consult a professional legal adviser, before sharing such information with others.

 

Exclusion of liability for the use of test results contrary to their purpose and nature:

By accepting these terms and conditions, you acknowledge and agree that the tests offered and sold under these conditions are not diagnostic tests that indicate illness or health problems. The purpose of the tests is only to raise interest in a healthy lifestyle, and to introduce a person to the world of genetics.

By accepting these terms and conditions, you further acknowledge and agree that:

  • These tests are performed to determine variants in the human genome that have been derived from scientific literature and which have been associated with the phenotypes concerned, but do not serve the specification of variants that contribute or may contribute to your or your offspring’s diseases.

  • Test results are of an informative and educational nature. Genetic research is constantly evolving, and the interpretations of test results therefore reflect only the current state of knowledge, and are fully dependent on the outputs of the scientific literature available. Future scientific research may change these interpretations, and can thereby show that the current state of knowledge is not complete or accurate.

  • These tests are not carried out for health purposes, they are not a health service, they are not a clinical laboratory examination, nor are they a diagnostic genetic examination that would allow the determination or assessment of a clinically justified risk of an existing or future disease. They do not enable the prediction or diagnosis of any disease or health problems with clinical diagnostic accuracy.

  • The methodology used to evaluate these tests does not provide sufficient diagnostic predictive accuracy for a clinically justifiable conclusion about your current or future state of health and diseases, and no such conclusion may be arrived at on the basis of these tests; the information is purely of an indicative nature.

  • Any recommendations provided during the tests, which are identified for you based on your genetic variations and the information you provided in the questionnaire, are for information purposes only. Test results do not serve as a substitute for clinical diagnostic tests, and should not be consulted and evaluated as clinical diagnostic tests with your doctor.

If you have any justified concerns about specific health problems or suspected illness development, we recommend that you contact your doctor, regardless of whether or not the tests under these terms and conditions have been carried out, and consult him/her regarding possible procedures. We do not recommend you make any decisions in relation to your current state of health or diseases purely on the basis of the test results carried out under these conditions.

By accepting these terms and conditions, you further acknowledge and agree that any liability of the provider of these tests for the use of these tests, their results, recommendations, and information contained in them contrary to their purpose, in particular in contradiction with the purpose set out in these terms and conditions, the purposes expressed in the information and caution concerning individual tests is hereby excluded, and that also any liability of the provider for using the results of these tests for medical purposes and/or for any decision(s) you may make as a customer in relation to your state of health, health problems, or diseases is excluded, since the tests are not designed, offered, provided, or implemented for such purposes.

 

INFORMATION ON PERSONAL DATA PROCESSING for clients

Prepared in conformity to the General Data Protection Regulation (GDPR)

The company provides information on the processing of personal data that have been or will be provided by the Data Subject to the Controller of data as part of conducting activities relating to the performance of a contractual agreement:

(1) Purpose of processing:

The Controller/Processor of personal data will process personal data of Data Subjects for the purposes of performing an agreement pertaining to genetic testing, including related activities.

(2) Legal basis:

  • Consent of Data Subject: Consent is granted for the processing of a genetic sample, which constitutes a special category of personal data.
  • Performance of or entry into an agreement: Personal data are processed for the purposes of delivering ordered services so as to allow, for example, delivering a set of samples or testing a sample properly.
  • Legal duty: (Act No. 89/2012 Coll., Civil Code; Act No. 499/2004 Coll. on Archiving and Records Management; Act No. 455/1991 Coll., Trade Licensing Act; Act No. 563/1991 Coll. on Accounting; Act No. 235/2004 Coll. on Value Added Tax, the Singapore Companies Act (Chapter 50); Singapore Income Tax Act (Chapter 134); Singapore Goods and Services Tax Act (Chapter 117A), and other statutory requirements for information collection and records retention under applicable laws
  • Legitimate interest: Personal data maintained in the internal system may be kept for the purposes of record management, traceability, and defense of the Controller's legal claims. For the purposes of providing information and news related to the ordered service, e-mail may be used for the distribution of newsletters.

(3) Processors and other recipients of personal data:

To allow the delivery of the ordered sample taking set to you, we will provide your delivery data to verified contracted logistics partners.

The genetic sample will be tested by an accredited laboratory within the EU, to which we will send the sample in an anonymized form under a unique code. It means that the contracted laboratory will be unable to assign a genetic sample and the outcome of its analysis to any specific person.

As part of performing the agreement, the Controller/Processor of data may provide personal data for further processing to external providers of accounting, audit, or legal services. Information on the specific categories of such providers will be provided to Data Subjects upon request.

In securing technical means for the conduct of the process, the Controller/Processor of data may, based on the existence of legitimate interest or the performance of an agreement, make available provided personal data to contractual partners in such areas as IT services and technologies, marketing services, consulting services, and certification services. Information on the specific categories of such providers will be provided to Data Subjects upon request.

Throughout the process, none of your personal data, whether in electronic or physical form, will leave the European Union. All Processors involved in the process strictly comply with the GDPR.

(4) Other third parties:

The Controller/Processor of data provides personal data to relevant government authorities and other entities authorized to process personal data for reasons including government supervision, prevention, investigation, detection, and prosecution of crime or the administration of sentences, including protection from and prevention of threats to public security.

(5) Other purposes of processing:

The Controller/Processor may use provided personal data for business and marketing purposes if legitimate interest exists or if consent is granted to that effect.

(6) Personal data storage term:

The Controller/Processor of data stores provided personal data during the term of the agreement and thereafter for a term conforming to legal requirements or legitimate interests.

Immediately after being tested, the provided genetic sample will be discarded by the accredited laboratory; it will not be retained by the company.

(7) Automated processing of personal data:
No automated processing of personal data takes place within the company.

(8) Controller of personal data:
The Controllers or Processors of personal data are companies from the CHROMOZOOM Group (CHROMOZOOM PTE. LTD., Chromozoom UK Ltd.).

Contact persons: 
Oliver Sinay, Tel.: 0042 0603 807130, E-mail: [email protected]

(9) Data protection officer:
The data protection officer is PRO-CERT LLC, with registered office at Tehovska 1290/64, 100 00 Prague, ID No. 29042798, represented by David Zahradnicky, e-mail: [email protected]pro-cert.cz

(10) Rights of the Data Subject:

Right to access to personal data – The Data Subject has the right to access his/her personal data. The Controller of data must provide a copy of processed personal data.

Right to rectification and addition to personal data – The Data Subject has the right to request the Controller of data to promptly make corrections or additions to inaccurate personal data that concern the Data Subject.

Right to erasure – The Data Subject has the right to request the Controller of data to promptly erase personal data that concern the Data Subject if:

  • personal data are not needed for the purposes for which they were processed,
  • the Data Subject withdraws consent to the processing of personal data,
  • the Data Subject objects the processing of personal data,
  • personal data have been processed unlawfully,
  • keeping personal data is not required under other relevant laws or regulations,
  • public interest does not exist in relation to public health, archivation, scientific or historic research, or statistics,
  • data do not concern the exercise or defense of legal claims.

Right to restrict processing – The Data Subject has the right to request the Controller to restrict the processing of personal data in substantiated cases.

Right to portability of personal data – The Data Subject has the right to obtain his/her personal data in a structured, commonly used, and machine-readable format and the right to provide such data to another Controller, provided that processing is automated and based on the performance of an agreement or on consent.

Automated individual decision making – The Data Subject has the right to be excluded from any decision based solely on automated processing, including profiling, unless necessary for the performance of an agreement.

Right to file complaint with supervisory authority – The Data Subject has the right to file a complaint with the supervisory authority, i.e. the Office for Personal Data Protection.

Right to object – The Data Subject has the right to object the processing of personal data, where the Controller of data must refrain from the further processing of such data unless processing is substantiated. An objection may be raised at any time against processing for direct marketing purposes.

(11) Failure to provide personal data:

The Data Subject must provide personal data due to reasons laid down in the law or reasons stated in the agreement; a failure to do so prevents the performance of the agreement. In addition, consent needs to be granted for the processing of the DNA sample; a failure to do so will prohibit the provision of the ordered genetic testing service.

(12) Other provisions:

If the Data Subject fails to grant the Controller of data consent to disposing of personal data or fails to enter into an agreement with the Controller/Processor and if no other reasons exists for processing, the his/her personal data in paper form will be discarded and his/her personal data in electronic form will be deleted.

 

Effective date: May 20th, 2019

Last updated: May 20th, 2019