Terms and conditions for provision of genetic material examination services
Scope of application
These terms and conditions specify the rights and obligations of the Client and the Provider – Code of Me LLC of Miami, USA – within the scope of performing the service of examining the genetic material of the Client or a person specified by the Client. The Terms and Conditions also specify potential consequences of the Client’s acquisition of information about their genetic code or that of the subject specified.
The service of genetic material analysis performed by the Provider is not a medical service, and is intended solely for educational and scientific purposes. The results obtained from the genetic material examination cannot be the basis for commencement of any treatment of the Client or the Subject specified by the Client – a doctor’s opinion is required for that. The Client acknowledges and accepts the above.
By signing the agreement for the performance of a genetic material examination, the Client accepts these terms and conditions and any other documents to which these terms and conditions may apply. The terms and conditions, as well as the documents, form an integral part of the concluded Agreement.
The Provider is:
Code of Me LLC,
registered office: 1221 Brickell Avenue Suite 900, Miami, Florida, 33131
e-mail for complaints: firstname.lastname@example.org
mailing address (including complaints):
Code of Me LLC,
1221 Brickell Avenue Suite 900,
Miami, Florida, 33131
Examination – performance of an analysis of the Subject’s genetic material, supplied to the Provider by the Client.
Client – person purchasing the service, fulfilling the conditions outlined in point 4 below.
Subject – person whose genetic material undergoes Examination as part of the Service; the Subject may be the Client or another person specified by the Client in accordance with the terms and conditions.
Terms and Conditions – these terms and conditions.
Party – the Provider or Client.
Informed Consent – written consent, expressed by the Client or adult Subject, for the examination of their genetic code and processing of their personal data, constituting an Annex to the Agreement.
Agreement – the agreement for performance of the Service. The scope of the Agreement, including the payment of the provider, depends on the choices made by the Client during the process of signing the Agreement and can be found in the Agreement document signed by the Client.
Service – performance of the Examination by the Provider at the commission of the Client ( Agreement for Performance of Genetic Material Examination).
Provider – Code of Me LLC, specified in point II, above.
Client and Subject
Only persons having full legal capacity at the time of concluding this Agreement may be the recipients of the Examination Services. In most countries, that means persons of age 18 or more.
The Subject, i.e. the donor of genetic material that will be subject to Examination, is usually the Client. The Provider allows the following exceptions to the above:
The Subject may be an underage person, over whom the Client exercises parental (or analogous) authority.
The Subject may be an adult person who has expressed Informed Consent for the Examination of their genetic material.
Concluding the Agreement
The Agreement shall be concluded by the Client signing the agreement document sent by the Provider, and sending back to the Provider one copy of the Agreement along with a signed Declaration of Informed Consent and a sample of genetic material. The Agreement is concluded upon the reception by the Provider of the signed document.
By signing the Agreement, the Client accepts the Terms and Conditions thereof. The Terms and Conditions form an integral part of the Agreement.
Price of the Service
The Price of the Service shall be set during a phone call between the Client and the Provider, and confirmed in the Agreement.
The price includes the cost of sending the Agreement, the Informed Consent form, and the genetic material sample container. The price also includes the cost of returning the above items to the Provider, on the condition that the Client uses the courier service specified by the Provider.
The payment method shall be determined during a phone call between the Client and the Provider, and confirmed in the Agreement.
The Provider may agree to divide the payment for the Examination into interest-free installments. Dividing the payment for the Examination into installments shall be included in the Agreement.
Performance of the Examination
Together with the Agreement, the Provider shall the Client a genetic sample procurement kit together with instructions, the Informed Consent form, and other documents required by the Agreement.
The Subject shall follow the instructions and fill the container included in the kit with the required amount of saliva.
The Client shall send a signed copy of the Agreement, a genetic material sample, and the Informed Consent form filled in and signed by the Subject to the address specified by the Provider. The postage costs shall be covered by the Client unless the Client uses the courier service specified by the Provider in the way specified by the Provider.
Failure to send the above items to the Provider shall result in inability to perform the Examination and halt the provision of service by the Provider.
Upon receiving the sample, the Provider shall send it to a laboratory in order to perform genetic material sequencing. Obtained results will then be analyzed.
The processed results – the Individual Genetic Predispositions Report – shall be sent to the Client in paper form. The Report shall be sent to the Client no later than within 3 months from the date of signing the Agreement. If the payment has been divided into installments, the Report will only be sent once the Client has paid the number of installments specified in the Agreement.
Description of Services
The Service of examining genetic material consists of:
Performing partial sequencing of genetic material present in the sample sent by the Client in order to analyze it. After sequencing, the genetic material shall be disposed of.
Analysis – describing the sequenced genetic material within an agreed scope, i.e. in such a way that it is understandable by an untrained person. The description shall be based on the scientific knowledge available at the time of its preparation.
Delivering the Analysis Report to the Client as specified in point VII.6.
Important information regarding the Services
The results of examination depend on available scientific knowledge. Due to scientific progress, the results of the first analysis may be different than those of any subsequent analyses. This means that future research may render present-day scientific knowledge incomplete or erroneous, which may be reflected in the results of the Examination.
It is possible that the genetic material sample provided by the Client is not suitable for laboratory processing. This may be caused by a number of factors, such as illness of the Subject, an insufficient amount of genetic material in the sample, etc. Should that be the case, another sample will be necessary. The costs of obtaining the new sample shall be covered by the Provider.
The Examination is not a medical service , and is performed solely for educational and informative purposes. The Subject should not take any action pertaining to treatment or changes in lifestyle/behavior without prior consultation of the Examination results with a doctor and receiving medical dispositions. The Provider does not perform medical services or offer medical advice. The results of the Examination do not constitute full information about the actual state of the Subject’s health; they only describe certain probabilities.
Although the results may indicate an increased chance of certain conditions manifesting themselves, it does not mean such conditions are already present or ever will be. The manifestation of such conditions depends on many factors, not just genetic predispositions.
The Examination may reveal unexpected information that cannot be erased from memory once learned. This means especially that the Subject may learn that they are not related to either or even both of their parents.
Great care should be taken while revealing genetic information about oneself/another person to third parties, as it may be used against the Subject’s best interests.
Genetic material may be transferred outside the borders of the Client’s or Subject’s country of residence.
Clients statements and obligations
The Client states that:
They fulfill the conditions for concluding the Agreement specified in point IV above.
They have read points VIII and IX above, i.e. the description of the Services and important information regarding the Services, and other provisions of the terms and conditions.
In the event that the Subject is a third party – they have the Subject’s consent to perform the Examination.
The Client agrees to:
Only supply the Provider with samples of genetic material that fulfill the conditions set forth in point IV.
Render payment to the Provider as described in the Agreement.
Observe other provisions of the Agreement, including the Terms and Conditions.
The Client’s right to renounce or terminate the Agreement
The Client has the right to renounce the Agreement within 14 days of the date of its conclusion. The date of the Agreement’s conclusion is assumed to be the date of delivery of the signed copy of the Agreement to the Provider.
In order to renounce the Agreement, the Client must inform the Provider of their decision to renounce the Agreement in the form of an unambiguous statement, e.g. compliant with the template attached to the Terms and Conditions.
In order to observe the time limit mentioned in point 1, it is sufficient to send the above statement before that time.
The Client should immediately (no later than within 14 days of the date of officially stating renouncement of the Agreement) send back to the Provider the container intended for the genetic material sample. In order to observe the time limit mentioned in point 1, it is sufficient to send the container before that time.
The Client shall cover all direct costs of sending the container.
If the Client has opened the packaging of the container (which always results in the container’s disposal and the inability to use it by another client), they are obligated to reimburse the Provider for the container (EUR 25) (reduction of an item’s value due to use other than intended).
The Provider, no later than within 14 days of the date of receiving the Client’s statement of renouncement of the Agreement, shall refund the Client for rendered payments in the same way the payments were made – unless the Client requests otherwise.
The Provider may withhold the refund until after they have received the genetic material sample container or proof of it having been sent, whichever occurs first.
If the Client decides not to sign the Agreement, they should immediately return to the Provider, at his/her own expense, all items sent to them by the Provider, including the genetic material sample container. The Provider shall refund the Client within 14 days of the date of receiving the returned genetic material sample container.
Provider’s rights in case of Client’s failure to fulfill the terms of the Agreement
The Provider may withhold the performance of the Examination, including sending its results to the Client, should the Client fail to pay their dues to the Provider on time. The Provider shall inform the Client about such action.
In case the Client fails to render due payments to the Provider, the Provider may call upon the Client to render them within 30 days on pain of renouncing the Agreement for Performance of Genetic Material Examination.
In case the Provider renounces the Agreement, the respective obligations of the Parties shall be returned. The Client shall take responsibility for any loss suffered by the Provider as a result of the Provider renouncing the agreement as a result of the Client’s fault.
Duration of the Agreement
The Agreement for Performance of Genetic Material Examination shall be in effect until the date the Client receives the written report with the Examination’s results. The ending of the Agreement on that date shall not invalidate the client’s obligation to render payment for the Examination performed, nor their liability for breaching the Agreement’s provisions.
The Provider holds all copyrights to the contents of the report and its graphic layout.
The Provider authorizes the Client to use the report solely for their personal use, including making copies of the report and supplying them to third parties.
All copyrights and other intellectual property rights regarding the Provider’s business name and internet domain, except logotypes and photographs of merchandise, the rights to which belong to third parties, belong to the Provider.
Any complaints regarding the Services are to be directed to the e-mail or mailing address specified in point II.
Any complaint should include at least the first and last name of the Client, and their number included in the confirmation of conclusion the Agreement sent by the Provider, as well as a description of the Service’s fault and the Clients demands.
The Provider shall consider any complaints within 30 days. The Provider shall inform the Client about the results of the assessment via e-mail, if applicable, otherwise in written form.
All Agreements concluded, to which these Terms and Conditions apply, are subject to the law of the Provider’s registered office, with the provision that any consumer protection laws applicable in the Client’s place of residence take effect to the extent necessary.
The Parties allow the Provider to transfer the rights and obligations resulting from concluded Agreements to any third party. The Client is not allowed the same.
The titles of specific points of the agreement have no legal meaning.
Should one of the provisions of the Terms and Conditions prove invalid, the remaining provisions are unaffected and remain in full force. Respective laws and regulations are applied with respect to invalidity.