Terms & Conditions
Welcome to Omics Data Solutions
Please read the following terms & conditions carefully. These terms & conditions apply to any of our services, except training with “Omics Data Solutions Pty Ltd” (Brand Name). The core Services offered by the Omics Data Solutions are comprised of the 4 major components Bio-consultation, Bio-analysis, Bio-informatics and Data Sciences service provider. Specific information about the Services can be found on our website and our contact detail can be found at the bottom of this document.
Omics Data Solutions is an online, remote devices service and data sciences service provider that allows clients or members to create family or personal sites and profiles in order to build and print their family trees, share family photos, keep in touch with family members, perform DNA testing, receive genetic genealogy and genetic health analysis, participate in scientific research and research their family history with advanced research tools (the “Service”). The Service is owned and operated by Omics Data Solutions Ltd. (hereafter “Omics Data Solutions”, ‘we’, ‘our’ or ‘us’). ‘You’ or ‘your’ means an adult user, over the age of 13, of the Service (in some countries the minimum age is 14, see Section “Underage Users” below). Any use of the Service and/or the Omics Data Solutions Website (the “Website”) is subject to compliance with the Terms and Conditions listed herein. Please read them carefully, because by using the Website you agree to be bound by them and to enter into an agreement with us based on such Terms and Conditions (this “Agreement”), whether or not you register as a member in Omics Data Solutions (“Member”). The Omics Data Solutions website (the “Website”) is part of a group of websites that we own and operate (the “Omics Data Solutions Website Group”) which also includes Omics Data Solutions.* websites on other top-level domains and Geni.com.
This Agreement applies to any use of the Service, including but not limited to: a) submitting Samples and/or Data for DNA extraction and processing, b) uploading a digital version of your genetic information exported from other DNA services, c) receiving and interacting with genetic genealogy analysis provided by the Website (the “DNA Genealogy Services”); d) receiving, viewing and interacting with genetic health analysis (the “DNA Health Services”); and e) downloading your raw DNA data (collectively, the “DNA Services”). Unless explicitly indicated otherwise, the Service includes the DNA Services for all purposes of this Agreement. If you do not agree with any provision in this Agreement, do not use the Service and the Website. We reserve the right to modify any provision hereof from time to time, in our sole discretion, and such modification shall be effective immediately upon its posting on the Website. You agree to be bound to any changes to this Agreement if you continue to use the Service after any such modification is posted.
Omics Data Solutions Family Sites
Omics Data Solutions allows you, as a Member, to create and post content into Omics Data Solutions family sites and enables you to control and limit access to such content by other users on the Omics Data Solutions Website Group. In view of the nature of the Service, please select carefully the information you wish to post on Omics Data Solutions family sites and refrain from posting any illegal or unsuitable content. We will not edit or monitor user-provided content, but we reserve the right to remove any user provided content which comes to our attention and which, in our sole discretion, breaches this Agreement.
By way of illustration, and without limitation, you shall refrain from posting, transmitting, sending or otherwise making available, through or in connection with the Service, the following:
- Photographs and other content which include nudity, sexuality, pornography, indecency, vulgarity, violence and/or any offensive subject matter.
- Any content which may violate the privacy or breach the confidentiality of other people, including members in your family tree. Our Service allows you to define specific privacy settings regarding individual names, dates, email addresses and other personally identifying information. Please make use of these abilities and respect the privacy of others.
- Any photos or email addresses of living individuals (other than your own), if done without their consent.
- Any information relating to minors or underage children, which identifies them, their personal details or their address and other means of communication with them, without the direct consent of their parent or guardian.
- Any content which does not belong to you or which you do not have a right to use.
- Any content that impairs and/or infringes the property or other rights of others, including copyrights and trademarks. We are extremely sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to a site of which you are a Member, belongs to its creator or submitter and you should not reproduce it without permission of the owner.
- Any content which is obscene, indecent, defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, or incites racial, religious or ethnic hatred.
- Any content that causes anyone alarm, annoyance, anxiety, embarrassment, offence or distress.
- Any content that could prejudice any active legal proceedings of which you are aware; is unlawful or promotes or teaches unlawful activity.
- Any computer virus or other malicious or harmful code.
You must not:
- Impersonate anyone else or otherwise misrepresent your identity or status.
- Hold yourself out as an employee or representative of Omics Data Solutions Ltd. or any of its affiliates.
- Stalk or harass or make persistent or regular contact with other users without their consent or encouragement or after any consent or encouragement has, expressly or impliedly, been withdrawn.
- Send commercial emails, spam emails, unsolicited bulk mail or any other email which may harass its recipient(s).
- Use our Website or Service in a way that might damage our name or reputation.
- Restrict or inhibit any other person from using the Website or Service.
- Exploit for any commercial purposes any portion of, use of or access to the Website.
- Perform any activity that requires any form of payment from Members and/or users of the family sites or any other area of Omics Data Solutions.
- Advertise or offer to sell products or services, except where this is expressly permitted by us and by law (in which case you must comply with any terms relating to such activities that we specify).
- Include links on our Website or Service to third party websites outside the Omics Data Solutions Website Group.
Except with our express prior written consent, you must not copy or store electronically all or part of our Website or its contents, or make available, distribute, sell or offer to sell all or any part of the Website or its contents, or systematically download content and data from or through the Website to make or populate another database for any purpose. Scraping, crawling and/or harvesting of any data and any pages from the Website without our explicit prior written consent is strictly prohibited. Except with our express prior written consent, reselling any Omics Data Solutions products (including, without limitation Omics Data Solutions DNA kits) is strictly prohibited. Buying a Omics Data Solutions DNA kit and then selling it to someone else is strictly prohibited.
Any activity in the framework of the Website, that is brought to our attention and is in violation of applicable law, as determined in our sole discretion, will be brought to the attention of the proper authorities.
A Omics Data Solutions family site is a place where members share their content with other members. This may create conflicts between members. The following guidelines apply to all Omics Data Solutions members, including you:
- Members must obtain permission from living family members before uploading information about them to a family site, and if they still do so without their permission, it is the responsibility of the family site’s owner – the Member who created the family site.
- If we receive a complaint about information published on a family site about a person or close relative of a person, against this person’s wish, we reserve the right to delete that information from the family site even if the owner of the family site wants to keep the information there. In case of a dispute with the Member who owns the site, we are allowed to ban this Member and remove him/her from the Service at our discretion. If the Member is a subscriber, the Member’s subscription payment will be refunded to this Member by us.
- The right of a relative to request not to be listed in a family site is stronger than the right of the owner of the site to list that relative in a family site.
- If you encounter personal information in a family site or elsewhere on the Website that was entered by another member that you want removed, email a request to firstname.lastname@example.org and give us up to one week to process this request. We will attempt to first resolve the dispute amicably by contacting the owner of the family site who has entered the information or is responsible for it and give them time to respond. We will cooperate with you to make sure that the information you want to remove is eventually removed from the Website. If necessary, we will also help you with removing such information from the index of search engines like Google but note that removal of information from Google and other search engines is outside our control and is not under our responsibility.
- Copying information or photos from other family sites without the permission of their owners is prohibited and members who do this are at risk of being banned from the Service at the discretion of Omics Data Solutions. Copying information or photos from external websites and services and publishing it into family sites requires the prior permission of the owners of the content.
- Inviting other members to your family site, or accepting their membership requests, will give these members access to the family site and they might copy parts of it. If that happens, it is the responsibility of the owner of the family site, or of the Member who made the invitation or has accepted the membership request, and not of Omics Data Solutions. If an invitation was made in error or a membership request was accepted in error, the owner of the family site can remove that member from the family site to revoke his or her access to it.
- Family sites are open by default to visitors but details of living family members in the tree, except for their last name, are censored. For maximum privacy, site owners can turn their sites private, turn the photo albums private and turn off Smart Matching™ on their family trees.
Smart Matching™ is a service that makes discoveries by finding matches of your family tree with other family trees, but this benefit comes with a privacy drawback; that owners of other family sites can see parts of your family tree that were matched with theirs (except living people in your tree who are not found in their tree, who will remain censored). If this is a concern to you, you must turn off Smart Matching™ by clicking on the “My privacy” link in the account drop down menu at the top right corner of the Website, clicking on the “Content” tab below the name of your tree, unchecking the “Enable Smart Matching™” options and clicking the “Save” button. If you leave Smart Matching™ enabled for your family tree, you are taking responsibility that other members may see parts of your family tree.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any content posted by you and/or any family site, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without any liability, financial or otherwise. We also reserve the right, in our sole discretion, to reject, refuse to post or remove any family site at any time, for any or no reason, with or without prior notice, and without any liability, financial or otherwise, if we deem that the family site is in breach of this Agreement in any way.
Once you upload, post or publish content to the Website, including family trees and photos, it may become accessible to all persons accessing the Website or any websites in the Omics Data Solutions Website Group, depending on permission settings in your control. Based on your permission settings, other Website users may be able to view, copy, download, store, edit, change or delete certain content that you post. You agree that other users may access your family site and may add to, subtract from or otherwise amend your family site. Information that you post will be displayed and is available for others to search, view or hear.
You may delete content that you previously posted on the Website; however, if others have downloaded or otherwise stored copies of the content, it may still be publicly viewable.
Other users may contact you through our Website regarding the content you upload. We may send you an email notification when you have a new message on our Website. You can change your email settings in the “My Account” area of the Website if you prefer not to receive such notification.
The DNA Genealogy Services are currently not available to residents of the following locations: Israel, Iran, Libya, Sudan, Somalia, North Korea, Lebanon and Syria (“Restricted Locations for DNA Genealogy”). The DNA Health Services are currently not available to residents of the following locations: Israel, France, Germany, Austria, Switzerland, the states of Rhode Island, New Jersey and New York, as well as Iran, Libya, Sudan, Somalia, North Korea, Lebanon and Syria (“Restricted Locations for DNA Health”). By authorizing the DNA Services, submitting a DNA sample for testing or uploading or transferring DNA Results to the Website, you represent that you are eighteen (18) years of age or older and are not a resident of the Restricted Locations for DNA Genealogy and/or the Restricted Locations for DNA Health, respectively, that are listed above, and you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your DNA sample and DNA Results and the calculation and provisioning by us of the applicable DNA Reports. In addition, you represent that any DNA sample you provide and any information that you transfer or upload that associates an individual with his/her DNA Results are either your DNA or, solely with respect to the use of the DNA Genealogy Services, the DNA of a person for whom you are a legal guardian or have obtained legal authorization to provide their DNA to us. Notwithstanding the foregoing, using the DNA Services for law enforcement purposes, forensic examinations, criminal investigations, “cold case” investigations, identification of unknown deceased people, location of relatives of deceased people using cadaver DNA, and/or all similar purposes, is strictly prohibited, unless a court order is obtained. It is our policy to resist law enforcement inquiries to protect the privacy of our customers. All provisions herein apply both to DNA Results produced using the Omics Data Solutions DNA testing services and DNA shared through direct upload to the Website, data transfer from another DNA testing service, or any other means by which you provide your DNA information to us.
We do not claim any ownership rights in the DNA Samples and/or Data, the DNA Results and/or the genetic genealogy and genetic health information in the DNA Reports. Any genetic genealogy and genetic health information derived from the DNA Samples and/or Data, the DNA Results and/or appears in the DNA Reports continues to belong to the person from whom the DNA was collected, subject only to the rights granted to Omics Data Solutions in this Agreement. In addition, you understand that by providing DNA Samples and/or Data and/or DNA Results to us, you acquire no rights in any research or commercial products that may be developed by us that may relate to your DNA.
We will, if requested by you, destroy the DNA sample provided by you. To request destruction of your DNA sample, please contact us using the contact details indicated in the “Contact Us” Section below. In addition, you can, at any time, delete your DNA Results and DNA Reports from the Website by using the delete function from the “Manage DNA kits” page on the Website, or request Omics Data Solutions Customer Support to do this for you.
By submitting DNA Samples and/or Data to us and/or DNA Results to the Website, you grant us a royalty-free, world-wide license to use your DNA Samples and/or Data, the DNA Results and the resulting DNA Reports, and, solely for purposes of the DNA Genealogy Services, any DNA Samples and/or Data and/or DNA Results you submit for any person from whom you obtained legal authorization as described in this Section and the resulting DNA Reports, to the minimum extent necessary to allow us to provide the Service to you. The license you grant to us is not perpetual, and it is revocable as you are able at any time to delete your DNA Results and DNA Reports permanently from the Website and to have us destroy your DNA Samples and/or Data. You hereby release us from any and all claims, liens, demands, actions or suits in connection with the DNA testing, DNA Samples and/or Data, DNA Results and/or DNA Reports, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This section continues even if you stop using the Website or the DNA Services.
You confirm that the submission of a DNA sample by you is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA Samples and/or Data, DNA Results and/or DNA Reports and their storage from the state or jurisdiction in which you reside. You agree that the DNA Samples and/or Data will be stored in the United States as provided in this Agreement.
We reserve the right, in our sole discretion, to reject, block, refuse to post, or remove any DNA Reports and/or DNA Results submitted by you or provided by us following processing of your DNA sample, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the DNA Services at any time, for any or no reason, with or without prior notice, and without liability, except that we will refund you in case you have purchased a Omics Data Solutions DNA kit from us and we have exercised this right.
Use of and membership in the DNA Services is void where prohibited. You may use the DNA Services only if you are eighteen (18) years of age or older and are legally capable of forming a binding contract with us. Do not use the DNA Services if your use violates any applicable local, state or national law or regulation in your jurisdiction of residence. By authorizing the DNA Services, you represent and warrant that (a) the DNA sample and/or the DNA Results submitted by you belong to you or, solely with respect to the DNA Genealogy Services, someone for whom you have legal authorization to share the sample and/or DNA Results; (b) you are eighteen (18) years of age or older; and (c) your use of the DNA Services does not violate any applicable law or regulation. If any minor uses the DNA Genealogy Services, the parent or guardian of that minor will be held responsible for the minor’s actions. If, solely for purposes of the DNA Genealogy Services, you submit a DNA sample of a minor you must be the minor’s parent or legal guardian and provide written confirmation of such in a format acceptable to us if requested prior to DNA Results and DNA Genealogy Reports for the relevant minor being provided. If you have reason to believe you have an active infectious disease, condition or disorder please do not return your sample to us until such time as that disease condition or disorder is no longer infectious or has been cured. Your DNA sample may not be processed, your DNA Results and DNA Reports may be deleted, and your membership may be terminated without notice, if we believe this Agreement or any portion of it have been violated or contradicted.
This section applies to the DNA Services currently in use or previously used. You may remove DNA Results associated with your account at any time, for any reason, from the profile into which you or we uploaded them. We may remove your DNA Results and/or DNA Reports and/or terminate your membership at any time, without notice. Even after membership is terminated, the proprietary rights set forth in this Agreement will remain in effect.
Non-commercial Use by Members
The DNA Services are for the personal, private and informational use of members only and may not be used in connection with any commercial or research endeavors except those that are specifically endorsed or approved in writing by us. Illegal and/or unauthorized use of the DNA Services, including collecting DNA Results and/or DNA Reports, is prohibited. We reserve the right to protect and enforce all rights associated with the DNA Services offered.
- Proprietary Rights in Content
We do not claim any ownership rights in the DNA Samples and/or Data, the underlying DNA Results or any DNA Results that you submit via the DNA Services, and the genetic genealogy and genetic health information in the DNA Reports. After submitting DNA Results to the Website or after sending us a DNA sample, you continue to retain all ownership rights in the DNA sample and the applicable DNA Results and genetic genealogy and genetic health information in the DNA Reports and you continue to have the right to use your DNA Results and DNA Reports in any way you choose. By sending us a DNA sample, and/or submitting any DNA Results to the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Omics Data Solutions the right to receive, use, modify, display, and create derivative works of the DNA Samples and/or Data, the applicable DNA Results and the DNA Reports solely on and through the DNA Services for commercial and non-commercial purposes and Omics Data Solutions’ (and its successors’ and affiliates’) business.
- The DNA Services contain DNA Results and DNA Reports of users, members, and other licensors. Except for content posted by you, or as expressly permitted by the privacy settings of a user, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website and/or the DNA Services.
DNA Samples and/or Data and DNA Results; DNA Reports
You are solely responsible for the DNA sample(s) you send to Omics Data Solutions and for DNA Results you submit through any of the DNA Services and any material or information that you transmit to us, our members and for any interactions with other users. Omics Data Solutions does not control or endorse any actions resulting from your participation in the DNA Services and, therefore, Omics Data Solutions specifically disclaims any liability with regard to any actions resulting from your participation in the DNA Services. We make no warranties, express or implied, as to the DNA Results and DNA Reports or to the accuracy, reliability, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or the DNA Services or the DNA Reports.
By using the DNA Services, you acknowledge that you may learn information you do not anticipate from the DNA Results and from the DNA Reports, which may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., your father is not genetically your father, or your ethnicity is not what you thought it is, or surprising facts related to your ancestry), or that you have a higher than average risk of developing an incurable condition like Alzheimer’s disease). Once you obtain this information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive.
These outcomes could have social, legal, or economic implications. You further acknowledge that your use of the DNA Services and receipt of the resulting DNA Reports may have serious implications not only for you, but also for your immediate or other family members, since they share some of your DNA. If you are in any way concerned about any such potential implications, DO NOT USE the DNA Services.
Genetic information you share with others could be used against your interests and therefore you should be careful about sharing it with others. Even if you share genetic information (such as the DNA Results and/or DNA Health Reports) that have no meaning or limited meaning today, that information could have greater meaning in the future as new discoveries are made. In the future, businesses or insurance companies may request such information from you. The Genetic Information Non-discrimination Act (GINA) was signed into law in the United States in 2008, and some, but not all, states and countries have laws that protect individuals regarding their genetic information. You may want to consult a lawyer to understand the extent of legal protection of your genetic information before you share it with anybody.
If you export your Omics Data Solutions DNA Health data and upload it to a third-party service, for health analysis, some genetic information not reported to you on Omics Data Solutions that Omics Data Solutions has not validated may be exposed, and Omics Data Solutions does not take responsibility for such information as the DNA data for some variants may be miscalled. Exporting DNA data from Omics Data Solutions and subsequently uploading it to a third-party service is solely at your own risk.
More about the DNA Health Services
You may use the DNA Health Services only if you are eighteen (18) years of age or older.
Health and lifestyle Questionnaire
Before providing you with the DNA and/or Health Reports, we will collect certain self-reported personal life style and family health history information from you about you and your family members using a questionnaire (the Health Questionnaire Information and the Health Questionnaire, respectively). The Health Questionnaire Information will allow us to determine your eligibility to some or all of the DNA Health Reports (generation and/or release of which in rare cases may be denied) and, if you are eligible to some or all of the DNA Health Reports, such Health Questionnaire Information may also allow us to properly facilitate the provision and communication of the DNA Health Reports to you. For these purposes, you must complete the Health Questionnaire in full.
Genetics is Only Part of the Picture
The DNA Health Reports provide genetic risk information based on assessment of specific genetic variants but do not report on your entire genetic profile. The DNA Health Reports do not detect all genetic variants related to a given disease, and the absence of a variant tested does not rule out the presence of other genetic variants that may be related to the disease.
In addition, for most diseases, the genes we know about are only responsible for a portion of the overall risk. Other factors such as environment and lifestyle may affect the risk of developing a given disease and, depending on the condition, may be more important predictors. If your data indicate that you are not at elevated genetic risk for a disease or condition, you should not feel safe. The opposite is also true; if your data indicate you are at an elevated genetic risk for a disease or condition, it does not mean you will definitively develop such disease or condition. Any findings within the DNA Health Reports should be confirmed and supplemented by additional medical and clinical testing and information.
Do Not Rely Solely on the DNA Health Reports
The DNA Health Services are not intended to independently diagnose, prevent or treat a disease or any condition, tell you anything about your current state of health in the absence of medical and clinical information, or be used to make medical decisions, including whether or not you should take a medication or how much of a medication you should take. In addition, you might need to obtain further services from your physician, a genetic counselor, or other healthcare provider, in order to obtain more accurate results regarding the conditions or diseases indicated within your DNA Health Reports.
The DNA Health Services do not offer medical advice or care and are not intended to constitute the practice of medicine by Omics Data Solutions or otherwise create a patient-healthcare provider relationship between Omics Data Solutions and you. The DNA Health Services are purely for research, informational and educational purposes only. The use of any information provided as part of the DNA Health Services (including potentially actionable information we may identify for you, based on your DNA Health Reports and scientific literature or research) is solely at your own risk. You should not rely on the DNA Health Reports as a substitute for visits to a doctor or other healthcare professional, professional medical advice, diagnosis, advice or treatment by a personal physician or other qualified healthcare provider who can consider your health in the broader context of medical management. If you have any concerns or questions arising from your DNA Health Reports or questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition, or impairment or the status of your health and/or otherwise about your health, you should consult your doctor or other healthcare professional.
Genetic Research is not Comprehensive and Constantly Progresses
You should note that many of the genetic discoveries that may come up in the DNA Health Reports have not been clinically validated, and the technology we use (same as used by the research community), to date has not been widely used for clinical testing. Also, because of technical variations in our testing device, some DNA Health Reports or some variations in a specific DNA Health Report may not be available to you. The presented risk per variant might be calculated based on ethnic groups that do not match or are not relevant for your own ethnicity and therefore do not accurately reflect the risk for you. In the future, the scientific community may show previous research to be incomplete or inaccurate and future scientific research may change the interpretation of your DNA Results. As scientific knowledge advances, our DNA Health Reports may change and reflect different results in the future. For example, we might change the set of variations that we consider as part of your genetic predisposition for a specific condition. In addition, we might assign different values or classes to those variations, so variants that are harmful now will be classified as benign in the future and change your DNA Health Report. As another example, we may change the estimated risk level for a certain disease. We may also add conditions or diseases after you receive your DNA Health Reports, beyond those conditions and diseases that were listed on the pre-purchase pages when you ordered the DNA Health Reports. Other companies offering a genetic risk test may be detecting different genetic variants for the same disease, so you may get different results using a test from a different company. We might also use different mathematical tools and statistical frameworks to assess the presence of a variation and/or your risk level. We reserve the right to update your DNA Health Reports based on new information, data, or scientific findings. We also reserve the right to notify you, once your DNA Health Report changes.
Some people may feel anxious about getting genetic health results. This is normal. If you feel very anxious, you should speak to your doctor or other healthcare professional prior to providing your DNA sample for the DNA Health Services. We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions and/or board-certified clinical medical geneticist prior to providing your DNA sample for the DNA Health Services to learn more so you can make an informed decision about whether DNA testing is right for you.
You should note that DNA Results and/or DNA Health Reports that you choose to share with your physician or other healthcare provider may become part of your medical record and through that route be accessible to other healthcare providers and/or insurance companies in the future. If you are asked by an insurance company whether you have learned about health conditions through genetic information and you do not disclose this to them, this may be considered as fraud.
While our laboratory is licensed in Texas as a clinical laboratory, not all jurisdictions require our DNA Health Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for genetic testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our DNA Health Services because we do not have required licenses.
For processing orders from customers residing in the South Africa, USA or Ireland, we require a physician order to process and release DNA Health Reports to the customers. We work with an independent network of fully licensed, board certified physicians and genetic counselors , PWNHealth, LLC (www.pwnhealth.com) (“PWNHealth”), to provide physician oversight of the Omics Data Solutions DNA Health test. For the purpose of PWNHealth’s review by a physician and genetic counselor, your personal information, including the Health Questionnaire Information, the DNA Results and the DNA Health Reports will be confidentially shared with PWNHealth. The fee for the PWNHealth service is collected by Omics Data Solutions on behalf of PWNHealth and included in the total price of the DNA Health Services.
The Omics Data Solutions DNA Health test has not been cleared or approved by the United States Food and Drug Administration (FDA). The FDA does not require this test to go through premarket FDA review.
You agree to indemnify and hold Omics Data Solutions, its subsidiaries, employees, directors, agents, licensors, managers, affiliates and any third party acting on our behalf, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made due to or arising out of your use of or access to the DNA Services and any implications of such use.
Use of Data
Members or those who otherwise use the Website and/or the DNA Genealogy and ancestry Services may use another member’s DNA Genealogy Reports only to the extent allowed by such member’s privacy settings and solely limited to the DNA Genealogy Reports designated as available to other members. If you collect and/or publicize any DNA Results and/or DNA Reports in a different website or application or otherwise use it outside the DNA Services, please note that the DNA Results and/or DNA Reports will be used in accordance with the terms and policies of these other websites and/or applications and this use is solely at your own risk.
Privacy and Security
Limitation on Liability
Without derogating from the “Limitation on Liability” Sub-Section below (under the Section “Disclaimers, Limitation on Liability and Indemnity”), you should note that the DNA Services are controlled from our facilities in the United States. We make no representations that the DNA Services are appropriate or available for use in other locations. Those who access or use the DNA Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Surveys on Omics Data Solutions (the “Surveys”) are designed to facilitate research (both internal and through third-party organizations) with the aim to make and support scientific discoveries and publish some of those discoveries in scientific journals. Such discoveries may include a better understanding of the relation between genotypes and phenotypes. The Surveys collect, preserve and analyze self-reported information related to physical and other personal traits, demography, household, lifestyle, habits, preferences, hobbies and interests, opinions, family, occupation, health, psychological and cognitive traits and other similar information (collectively, the “Survey Research Information”).
Participation in the Surveys is voluntary and does not affect your ability to use the Service. You choose which Surveys, if any, to take and which questions to answer. The Surveys do not involve treatment for any condition. The Surveys are intended to assist academics or researchers to better understand the human species, learn or confirm certain facts and make predictions about future trends. Thus, the more Survey Research Information contributed, the better any potential results could be. It is not anticipated that the Surveys will provide significant benefit impact to an individual participant, and research results based on the Surveys may or may not be communicated by Omics Data Solutions to you if you choose to participate.
Omics Data Solutions will not charge participants any fees to take part in the Surveys, and there will be no financial compensation paid to Surveys participants. The Survey Research Information may benefit researchers and others in the future. If any commercial product is developed as a result of the Surveys or its outcomes, there will be no financial benefit to you.
There is no physical risk in allowing your information to be used in the Surveys. However, some questions or topics within the Surveys may make you or your family members uncomfortable. Such questions or topics may be skipped when participating in a Survey. While the Survey Research Information shared (through publication or with another entity) will never contain information that typically permits identification of an individual, such as a name or address, people may develop processes that would allow someone to re-identify the previously de-identified data. We apply a variety of controls to maintain the anonymity and integrity of our systems and to prevent such actions. However, as with other technological controls, there is no guarantee against unauthorized or nefarious actors. While there may be additional risks to participation that are currently unforeseeable, Omics Data Solutions will continually work to prevent negative impact to our individual participants. Your alternative is not to participate in the Surveys.
New features and topics may be added to the Surveys on an ongoing basis. In such a case, we may send you an email as an update or an invitation to participate in new Surveys.
Health Family Tree
The Health Family Tree on Omics Data Solutions (the “Health Family Tree”) is an optional feature designed to help you keep your family’s health information organized in one place. In addition, the Health Family Tree is designed to facilitate research (both internal and through third-party organizations) with the aim to make and support scientific discoveries and publish some of those discoveries in scientific journals. The Health Family Tree allows you to enter information concerning health conditions, physical traits and other personal traits about yourself and your immediate family members (collectively, the “Health Family Tree Information”). Your Health Family Tree is based on your existing genealogical family tree, but includes only a subset of it, with your 1st and 2nd-degree blood relatives, plus spouses.
You may download or print a list-based report of health conditions that you entered into the Health Family Tree for sharing it with your healthcare provider.
Usage of the Health Family Tree is voluntary and does not affect your ability to use the Service. You choose which Health Family Tree Information, if any, to add. The Health Family Tree does not involve diagnosis or treatment for any condition. The Health Family Tree is also intended to assist academics or researchers to better understand the human species, learn or confirm certain facts and make predictions about future trends. Thus, the more Family Health Tree Information is contributed, the better any potential results could be. It is not anticipated that the Health Family Tree related research will provide significant benefit impact to an individual participant, and research results based on the Health Family Tree Information may or may not be communicated by Omics Data Solutions to you if you contribute such Health Family Tree Information.
Omics Data Solutions will not charge users any fees to use the Health Family Tree, and there will be no financial compensation paid to such users. The Family Health Tree Information may benefit researchers and others in the future. If any commercial product is developed as a result of the Health Family Tree Information related research or its outcomes, there will be no financial benefit to you.
There is no physical risk in using the Health Family Tree. However, some of the Health Family Tree Information you will be asked to submit may make you uncomfortable. Such questions or topics may be skipped when providing Health Family Tree Information. The amount of Health Family Tree Information you choose to add to your Health Family Tree is up to you and adding such Health Family Tree Information is voluntary. While the Health Family Tree Information shared (through publication or with another entity) will never contain information that typically permits identification of an individual, such as a name or address, people may develop processes that would allow someone to re-identify the previously de-identified data. We apply a variety of controls to maintain the anonymity and integrity of our systems and to prevent such actions. However, as with other technological controls, there is no guarantee against unauthorized or nefarious actors. While there may be additional risks to submission of information that are currently unforeseeable, Omics Data Solutions will continually work to prevent negative impact to our users.
Your alternative is not to provide any Family Health Tree Information and not to use the Health Family Tree feature.
Before providing information about others, you must obtain any necessary consent from anyone about whom you want to provide Health Family Tree Information, or, if the person is a minor, the consent of the parent or guardian. The Health Family Tree is intended for use by adults. Minors are not authorized to use the Health Family Tree, and such use is a violation of this Agreement By submitting Health Family Tree Information about a minor, you represent that you are the minor’s parent or legal guardian, or that you have explicit permission from the minor’s parent or legal guardian.
Other Areas of the Website
As a Member, you are allowed to post content to other areas of the Website, such as the support forum. You may also post comments on content submitted by other users. We reserve the right to remove any content or posting which we believe, in our sole discretion, is in breach of this Agreement in any way, with or without prior notice, and without any liability, financial or otherwise.
Omics Data Solutions Backup Service
Omics Data Solutions provides an optional service for data backup available for an additional subscription fee. This backup service is subject to this Agreement, and additional terms and conditions specific for the backup service.
Limited Use License
You are hereby granted a license to use the Service and its content solely for personal use, and subject to the terms and conditions of this Agreement (the “License”). The Service is not intended nor licensed for any commercial use. We reserve the right to cancel any or all of the Service at any time. Downloading any or all portions of any functionality of the Service, or any part of the public areas of the Service, is prohibited. Online or other republication of content in the public areas is prohibited. Violation of this License may result in the immediate termination of your membership and may result in legal action for injunction, damages and/or any other equitable relief. You may use the Service and any software provided by the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with such software that it is made available for offline use and a license for that use is provided in connection with that software.
Except with respect to the DNA Services, as detailed above, by posting content on the Website, you grant us a royalty-free, worldwide, perpetual and non-exclusive license to host, copy, post and distribute such content.
The integration of Omics Data Solutions matching with our partners such as RootsMagic, Family Historian, Aldfaer and Coret Genealogie does not include posting of content. The information passed to us for matching from our partners’ software and websites is never used by us for any purpose other than matching, and is never displayed publicly, sold or licensed by us to any third parties. We do not receive a license to such information and such information is not collected by us, and it is deleted automatically after matches are calculated. Users of our partners may receive Smart Matches (family tree matches) with our users, but such matches are not bi-directional: our users will not receive Smart Matches with the users of our partners and will not be able to see their data.
All content posted on the Website, except for user-submitted content, DNA Results, DNA Samples and/or Data and the genetic information in the DNA Reports, is owned by us or by third parties who granted us a limited license in respect of such content. Content posted on family sites is owned by the person who created the content, is under the control of the family site manager into which it is submitted and is hosted by us under the terms and conditions of the Agreement.
Omics Data Solutions is protected by copyright pursuant to U.S. and Israeli copyright laws, international conventions, and other applicable copyright laws.
You may not modify the application code powering our software and applications in any way. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking any and all applications offered by us, any downloadable components, or any part thereof.
Digital Millennium Copyright Act (“DMCA”)
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides remedies for copyright owners who believe that material appearing over the Internet infringes their rights under United States copyright law. To learn more about the DMCA, please visit the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf.
If you are a copyright owner or an agent thereof, and you believe in good faith that any content hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the DMCA to our Designated Copyright Agent, either by mail to: Copyright Agent for Notice, Attention: Legal Department, Omics Data Solutions, PO Box 50, Terminal Park, Or Yehuda 6025000, Israel, or by email to: email@example.com.
Notices must meet the then-current statutory requirements imposed by the DMCA. Please include the following information in your notice:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by the material(s).
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Omics Data Solutions to locate the material (providing URLs is the best way to help us locate content quickly). • Information reasonably enough to permit Omics Data Solutions to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are unsure whether you hold rights to a particular work or if the material you are reporting is in fact infringing, please consult an attorney or another adviser, as Omics Data Solutions cannot provide legal advice. Note that there can be penalties for false claims under the DMCA.
Marketing of our Services
By signing up to the Service, you agree that we may use your contact information to offer you Omics Data Solutions products or services which may complement the product or service you originally requested from us. Such promotional offers may be made via email, telephone or direct mail.
If you do not want to receive marketing offers via telephone or direct mail, please contact us at firstname.lastname@example.org or request this whenever you are speaking with any representative of Omics Data Solutions.”
Fees and Payments
Omics Data Solutions offers payment-based subscription plans in addition to the basic free site plan, which include: Premium personal/family site plan, PremiumPlus personal/family site plan, Data plan and Complete plan.
All subscriptions are automatically renewing to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will be automatically renewed, and your billing choice will be charged based on the subscription duration unless you opt out or cancel by following the instructions in this Agreement.
Due to US regulations, payment-based subscription plans and purchases are currently not available to residents of the following locations: Iran, Libya, Sudan, Somalia, North Korea, Lebanon and Syria.
All physical goods and deliverable items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Opting Out of Renewal
You may opt out of renewing any of your subscriptions by logging in and utilizing the My Purchases page (choose the relevant plan, click “View details” and then click “Stop annual renewal”) or by calling Omics Data Solutions at +1-800-987-9000 (toll-free number in the USA; see Contact Us page for additional phone numbers in other countries). If you do not let us know that you want to discontinue your subscription at least one day prior to the end of the current subscription period, the payment for the next renewal period of the subscription will be made.
- Free Trial
Free trial subscriptions will be billed only at the end of the free trial period.
You may cancel a free trial at any time during the free trial period from the My Purchases page and incur no charge. On that page, choose “Data subscriptions” or “Complete subscriptions”, press “View details” and then choose “Stop free trial now” for the chosen subscription.
To start a free trial, your payment details will be required. By providing your payment details and accepting the Terms and Conditions, you agree that Omics Data Solutions may automatically begin charging you for the paid subscription after the free trial ends on a recurring annual basis. Visa cardholders will be notified by email 7 days before a free trial ends.
- Refund Policy
Omics Data Solutions values the satisfaction of its customers and offers a thirty (30) day money back guarantee. If you are not satisfied with your purchased plan you may request a full refund by contacting Customer Support within thirty (30) days of the initial purchase date of the subscription.
The money back guarantee applies to Omics Data Solutions subscriptions (Premium, PremiumPlus, Data or Complete), and not to shipped products such as Omics Data Solutions DNA kits and family tree posters.
All refunds will be reimbursed to the original credit card with which the purchase was made. Please allow a reasonable time for the refund to be charged to your account.
- Prices Subject to Change
Prices may be changed by Omics Data Solutions from time to time. For the current prices, see price list. Prices may be subject to additional taxes and customs charges, depending on the country in which you reside.
Following each payment, Omics Data Solutions will send you an email with the details of the purchase and the amount charged.
- Renewal of subscriptions with Price Lock
Subscriptions that were purchased with a Price Lock guarantee (“Price-Locked Subscriptions”) will renew at the same price at which they were originally purchased. Changes to subscription prices will not affect the renewal price of Price-Locked Subscriptions. If you have a Price-Locked Subscription, then as long as you keep it, you will always be charged the same locked price at renewal anniversaries. If you discontinue a Price-Locked Subscription by stopping its renewal, and allow it to expire, you are not guaranteed to be able to purchase it again at the same price in the future.
Payment for DNA Services
If you are not already registered with Omics Data Solutions, you will be required to register with Omics Data Solutions when you proceed to order a DNA testing kit. Registration is free. You will need to retain your login details in order to access your DNA Results and DNA Reports on the Website.
In the event that you experience any of the following, please contact us using the contact details shown in Section “Contact Us” below and we will mail you a new replacement DNA testing kit to the address we have on our records at the time of purchase, at no cost:
- The DNA testing kit has not reached your shipping destination within thirty (30) days of purchase.
- The DNA testing kit has not reached our lab within thirty (30) days from the day you sent it.
- You received a damaged DNA testing kit.
- Cancellations and Refunds
If you choose to cancel the order of the DNA testing kit prior to the DNA sample being received at our lab, you are entitled to a refund. To cancel and claim your refund, you will need to contact us using the contact details shown in Section “Contact Us” below. The refund will include the DNA testing kit cost, but not the shipping cost, customs fees or import taxes. All refunds will be reimbursed to the original credit card with which the purchase was made. Please allow a reasonable time for the refund to be charged to your account.
We will not issue refunds for DNA testing kits that are already being processed in our lab or for which processing has already been completed. Once a DNA sample has been sent to our lab and checked in, the full cost of the DNA testing kit is non-refundable.
Note that scientific procedures may sometimes be delayed for a variety of reasons. Testing times may vary depending on lab volume and biological sample quality. Expected result dates are therefore predictions, and not a guarantee of delivery.
- DNA Re-test Following Lab Processing Failure
The laboratory may not be able to process your sample, and the laboratory process may result in errors. If testing your DNA sample fails, we will mail you a new DNA testing kit at no additional cost so you can provide us with a new DNA sample. The DNA testing kit will be sent to the address we have on our records at the time of purchase. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (“Lab Errors”). As this possibility is known in advance, users are not entitled to refunds where these Lab Errors occur.
- Prices Subject to Change
Prices may be changed by Omics Data Solutions at any time.
Disclaimers, Limitation on Liability and Indemnity
a. To the maximum extent permitted by applicable law, in no event shall Omics Data Solutions, its officers, agents, representatives, employees, licensors and affiliates be responsible for any incorrect or inaccurate information in connection with the Service, whether caused by users of the Website, members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Services.
Omics Data Solutions shall not be responsible for any implications of the DNA Results and/or DNA Reports whether or not they are correct or incorrect.
b. Omics Data Solutions and its licensors and affiliates are not responsible for the conduct, whether online or offline, of any member or other user of the Website. To the maximum extent permitted by applicable law, in no event shall we be responsible for any loss or damage, including lost data, lost information, personal injury or death, or privacy implication resulting from anyone’s use of the Website or the Service, any information posted on the Website or transmitted to members or other users, or any interactions between or among members or other users of the Website, whether online or offline.
- The information, products, and services included within the Service and the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
- Omics Data Solutions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications; and is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof. Omics Data Solutions and its affiliates are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in connection with the Service.
- The Service and the Website are provided “as-is” and “as available” and, except as otherwise prohibited by applicable law, Omics Data Solutions expressly disclaims any warranty of any kind, expressed or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality, or that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. We do not guarantee any specific results from use of the Service. The Service may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, policies, or practices of any third-party websites. You expressly relieve us from any and all liability arising from your use of any third-party website or services. We do not warrant, endorse, guarantee, or assume responsibility for any specific course of action, resources, tests, physician or other healthcare providers, drugs, biologics, medical devices or other procedures or opinions, or any product or service advertised or offered by a third party through the Service or any hyperlinked website, or featured in any banner or other advertising, or other information that may be mentioned on the Website. We will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. We and our third-party suppliers make no representations concerning the suitability, reliability or accuracy of the content provided by the Website for any purpose. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
- Omics Data Solutions may in its sole discretion, but is not obligated to, preview, review, screen, remove, or edit the DNA Results and DNA Reports.
Limitation on Liability
In no event shall Omics Data Solutions (or its third party suppliers) be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages arising from your use of or inability to use the Service or any portion thereof, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our (or our third party suppliers’) liability to you or any third party for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of membership. We assume no liability resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of our servers and/or any and all information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service; and/or (vi) any loss or damage of any kind incurred as a result of your use of the Service, whether based on warranty, contract, tort, or any other legal theory. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.
You agree to indemnify and hold Omics Data Solutions, its subsidiaries, employees, directors, agents, licensors, managers, affiliates and any third party acting on our behalf, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your violation of this Agreement and/or any breach of your representations and warranties set forth above and/or if any information that you post on the Website or otherwise submit to us or through the Service causes us to be liable to any third party.
Statute of Limitations with respect to the DNA Services
You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the DNA Services or this Section, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Additional Member Terms
Registration and Security
- As part of the registration process, you will submit your email address, full name and select a password. You must provide us with true, accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name or email address of another person with the intent to impersonate that person; (ii) use the name or email address of any person other than yourself without authorization; (iii) enter an untrue birth year or birth date for yourself; or (iv) use a name or email address that we, in our sole discretion, deem improper or offensive.
- You must be 13 years or older to use the Service, unless the laws of the country in which you are a resident or from which you are using the Service provide otherwise (For more information, see Section titled “Underage Users” below). Registering and logging in to the Website shall be deemed as confirmation that you are over the age of 13. If you are over the age of 13 but under the age of 18, you will be requested to submit written consent from a parent or legal guardian to use the Service (for more information, see Section titled “Minors” below).
- You are responsible for all usage or activity on the Website via your password and for maintaining the confidentiality of your password. We will not require you to reveal your password to any of our representatives. Distribution of your password for access to the Website by others is expressly prohibited and shall constitute a breach of this Agreement. You shall notify us by regular mail or by email email@example.com any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be reported to the appropriate law enforcement agencies.
- Modifications to this Agreement and the Service
We retain the right, at our sole discretion, to modify this Agreement or the Service at any time. Changes in Service will be posted on the Website. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with this Agreement, you should discontinue use of the Service. Continued use of the Service now or following changes in this Agreement means that you have accepted and are bound by the changes. It is therefore important that you check the current version available from time to time and ensure you are updated as to any changes.
Whenever this Agreement is modified in substance, the label updated will be displayed prominently next to the link “Service Terms” that leads to this Agreement, in the footer of the pages of the Service. The updated label will be removed after 30 days or when you visit the updated Terms and Conditions to read them, whichever comes sooner.
- Underage Users
Except with respect to DNA Services (see in the “Eligibility” Sub-Section under the Section “DNA Services” above) we require individuals to be at least 13 years old before they can create an account on Omics Data Solutions. In some jurisdictions, the age limit may be higher. Providing false information to create an account is always a violation of this Agreement. This includes accounts registered on the behalf of under 13-year-old children by older parties.
If your underage child (child under the age of 13) has created an account on Omics Data Solutions, you can show them how to delete their account by having them log into their account, select “Account settings” from the Account menu in the top-right corner, then click “Delete my account”. If you would like to report an account registered for an underage child to us, please email the details to us at firstname.lastname@example.org. We will promptly delete the account of any child under the age of 13 that is reported to us.
In most jurisdictions, the Service (except for the DNA Services) requires individuals to be at least 13 years old before they can create an account. We strive to create a global service with consistent standards for everyone, but we also strive to respect local laws. In observance of laws in Spain, Israel and South Korea, we require individuals living there to be at least 14 years old before they can create an account and use the Service (but not the DNA Services). If your underage child (child under the age of 14) living in Spain, Israel or South Korea has created an account on Omics Data Solutions, you can show them how to delete their account by having them log into their account, select “Account settings” from the Account menu in the top-right corner, then click “Delete my account”. If you would like to report an account registered for an underage child living in Spain, Israel or South Korea to us, please email the details to us email@example.com. We will promptly delete the account of any child under the age of 14 in Spain, Israel or South Korea that is reported to us.
Except with respect to DNA Services (see in the “Eligibility” Sub-Section under the Section “DNA Services” above), minors (people under the age of 18) can use the Service provided that they are not underage (see section on Underage Users above), and provided that they obtain the consent of their parent or guardian for their use of the Service (“Consent”). Minors must not use the Service without Consent until they reach the age of 18 or above.
Disputes and Governing Law
This Agreement and any dispute regarding the Service shall be exclusively governed by the laws of the State of Israel, without regard to conflict of law provisions, and you agree that any legal proceeding about the execution, performance and/or enforcement of this Agreement shall be brought exclusively to the courts located in Tel Aviv, Israel. You agree that the Service shall be deemed passive and will not give rise to personal jurisdiction over Omics Data Solutions, either specific or general, in jurisdictions other than Israel. In the unlikely event that we have not been able to resolve a dispute we have with you after attempting to do so informally, all claims must be brought in each party’s individual capacity and not as a representative plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into this Agreement, each of you and us waives the right to participate in a class action claim.
- You shall provide the OMICS DATA SOLUTIONS with an order (the “Order“) for the Services in a complete and accurate form and in line with any special requirements relevant to the Services you request.
- The fees for the Services shall be as provided in a quotation supplied by the OMICS DATA SOLUTIONS in response to the Order, which you shall accept or reject in writing.
- The OMICS DATA SOLUTIONS is entitled to cancel an Order if you do not confirm acceptance of the quotation in writing within 10 working days of receipt thereof.
- Unless expressly agreed otherwise in writing by the OMICS DATA SOLUTIONS, any times specified in the quotation for the delivery of the Services are given in good faith but are an estimate only. If no time is specified by the OMICS DATA SOLUTIONS, delivery will take place within a reasonable time, or as stipulated in a study plan or other document describing the details of the Services, following acceptance of the quotation. The OMICS DATA SOLUTIONS will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by a delay in the delivery of the Services.
- You will make all payments due without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
- If you fail to pay the OMICS DATA SOLUTIONS any sum due, then without prejudice to the OMICS DATA SOLUTIONS’s other rights and remedies you shall pay interest to the OMICS DATA SOLUTIONS on such sum from the final due date for payment at the prime rate from time to time in force accruing on a daily basis until the date payment is made in full (whether before or after any judgment).
- Any materials or data generated when performing the Service will remain the property of the OMICS DATA SOLUTIONS until any outstanding payments related to the Service have been made.
- You will be required to pay the fees for the Services except in the event of any failure of the Services being due to the OMICS DATA SOLUTIONS’s acts and/or omissions of gross negligence or the OMICS DATA SOLUTIONS’s breach of any of the warranties provided by it under these TOS.
- In the event that you ask the OMICS DATA SOLUTIONS to repeat Services, you will be required to cover any additional costs associated with the repeated work.
- YOUR OTHER OBLIGATIONS
You warrant that you:
- have obtained all necessary consents in respect of your collection and submission of any biological Samples and/or Data (the Samples) for use in carrying out the Service;
- shall comply with all applicable laws in respect of collection and submission of the Samples and/or Data and results of the Services;
- shall comply with all applicable laws and regulations in respect of further analysing or using the data generated by the OMICS DATA SOLUTIONS. The OMICS DATA SOLUTIONS will not be liable for any inappropriate use of materials or data generated during the Service.
- You shall supply the OMICS DATA SOLUTIONS with the Samples and/or Data in such a time frame as will allow the OMICS DATA SOLUTIONS to meet any delivery obligations.
- You shall be responsible for ensuring that the Samples and/or Data are in accordance with any specification agreed between you and the OMICS DATA SOLUTIONS and in any event are in good condition and of appropriate quality and purity and are suitable for use by the OMICS DATA SOLUTIONS.
- If the Sample is of human tissue origin or where relevant to any other Sample that is not of human tissue origin, you warrant that you have gained any required ethics approval and consents for the work to be undertaken by the OMICS DATA SOLUTIONS in respect of the Services; and the OMICS DATA SOLUTIONS shall have no liability if these permissions and approvals have not been properly granted.
- You agree to co-operate with the OMICS DATA SOLUTIONS, as the OMICS DATA SOLUTIONS may reasonably determine, in relation to the provision of the Services.
- Unless the OMICS DATA SOLUTIONS expressly agrees otherwise, you shall acknowledge the OMICS DATA SOLUTIONS in any resulting publication involving information and/or results generated by the OMICS DATA SOLUTIONS in the course of the conduct of performing the Services, as follows: “Contract Research services in the area of (specify as applicable, e.g. Genomics, Proteomics, or NGS) were provided by the Omics Data Solutions”.
- SAMPLES AND/OR DATA, PROCESSING, STORAGE, RISK AND OWNERSHIP
- Should the CPGR receive Samples and/or Data from you upon which the Services are to be conducted in respect of each Order, the CPGR shall first verify that the paperwork and the accompanying Samples and/or Data concur, failing which the CPGR will try to resolve the matter within a reasonable time frame and, if not possible, shall otherwise return the Samples and/or Data to you. Return of the Samples and/or Data and/or Data will be carried out at your cost.
- The CPGR shall take reasonable care of any Sample in its possession.
- In the event of any Sample appearing to be contaminated, or otherwise found not suitable for the requested Services, the Sample shall be rejected and dealt with in a manner jointly agreed between you and the CPGR.
- The CPGR will not be liable for any loss or damage to Samples and/or Data unless such loss or damage arises as a direct result of the CPGR’s negligence.
- Any defect in the Services which is due in whole or in part to defects in the Samples and/or Data will not entitle you to terminate the Order, reject the Services, make any deductions from the fees or claim damages in respect of such defect.
- Unless otherwise expressly agreed in writing all Samples and/or Data will be sealed by the CPGR and stored under the appropriate conditions.
- You understand and accept that the Samples and/or Data may be used up in the course of the conduct of the Services. The fate of any left-over Samples and/or Data must be defined unambiguously prior to commencing any Service. Unless instructed otherwise, retention or return of Samples and/or Data will be at your own cost and risk.
- Results of the Service shall be any materials or data generated in the process of the Service, or as defined by the CPGR from time to time.
- Unless otherwise expressly agreed in writing, the CPGR shall supply the results of the Services to you by one of the following mechanisms: email to an agreed email address; secure data reporting via a secure FTP website; or on an appropriate, mobile device or digital storage device delivered to you by hand, by post or courier.
You can contact us if you have any concerns or questions about this Agreement, the Website, the Service or any related topic, by writing to the address below or visit our Customer Support
Omics Data Solutions Pty Ltd.
28 Tralee Road, HeathField,
Cape Town, 7954, South Africa
An association incorporated under
section 21 of the Companies Act 61 of 1973, Company Registration 2020/555663/07