Legal terms

Contents

Conditions of access and use of the web site

General aspects

Identifying data of the ‘Service Provider of the Information Society’ (Abiolabs Ltd)

Acceptance and validity of the General Conditions.  

General conditions of use of the web page.

Use of the Web page.

Obligations of the User.

Liability exemption

Use of hyperlinks

Use of cookies.

Intellectual and Industrial Property.

Terms and Conditions for the sale of services offered on the web page.

Information prior to hiring.

Procedure of acquisition of services.

Confirmation of the service purchased and instructions for its use. 9

Price and method of payment

Withdrawal of orders

Communications between the Parties – Customer Service.

Use and storage

Nullity.

Dispute Resolution. Applicable Law and Jurisdiction.


Conditions of access and use of the web site
General aspects
Identifying data of the ‘Service Provider of the Information Society’ (Abiolabs Ltd)

In accordance with Law, it is brought to your attention that Abiolabs Ltd, is the owner of the activity displayed, among others, through of the website https://www.abiolabs.com. The corporate address of abiolabs.com is located at 6th floor Maeva Tower, Ebene Business Park, 72201 Reduit, Mauritius and the Commercial address is the same. In case you wish to contact us, you can do so through the e-mail: info@abiolabs.com.

Acceptance and validity of the General Conditions

Both the navigation and the use and / or acquisition of any of the services offered on this website attributes to you the condition of User and implies your full and unreserved acceptance of each and every one of the “General Conditions” in force at the time you, as “User”, access the page https://www.abiolabs.com. Abiolabs may, at any time and without prior notice, modify these General Conditions by publishing such modifications on the Website in order that they may be known by Users at any time, reserving the right to unilaterally modify, in at any time and without prior notice, the presentation, configuration and contents of the Web page, as well as the conditions required for its use. Therefore, Abiolabs recommends the User to print or save and, in any case, read the General Conditions each time he accesses the Web page. Likewise, it reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered on the Website.


Conditions of access and use of the web site
General conditions of use of the web page
Use of the Web page. 

The User agrees to use the Web page in accordance with the Law, with these General Conditions, with the moral and generally accepted good customs and with public order, responding to abiolabs.com, or against third parties of any damages that could be caused as a consequence of the breach of said obligation. The User will abstain from using the Web page for illicit purposes or effects, contrary to the provisions of these General Conditions,harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden or deteriorate the Website or the server on which it is hosted, or prevent its normal use or enjoyment.


Obligations of the User.

In general, the User undertakes to comply with these General Conditions, as well as comply with the special warnings or instructions for use contained therein or on the Website and always act in accordance with the Law,good customs and the requirements of good faith, using the diligence appropriate to the nature of the service you enjoy, abstaining from using the Web page in any way that may prevent, damage or impair the normal functioning of the same, the assets or rights of Abiolabs, its suppliers, the rest of Users or, in general, of any third party. Specifically, and without implying any restriction to the obligation assumed by the User in general, in accordance with the previous paragraph, the User agrees, in the use of the Website, as well as in the provision of services:

To provide truthfully the data provided and keep them updated;

Not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, libelous,obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or any other social or personal condition or circumstance (eg, for health reasons), or in any way violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general the current regulations;

Not to introduce, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Website, in any of the services offered on the Web page, or any of the equipment, systems or networks of Abiolabs,of any User, of the providers of abiolabs.com or in general of any third party,or in any other way be able to cause any type of alteration or prevent the normal operation thereof;

Not to introduce, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Website, in any of the services offered on the Web page, or any of the equipment, systems or networks of Abiolabs,of any User, of the providers of abiolabs.com or in general of any third party,or in any other way be able to cause any type of alteration or prevent the normal operation thereof;

Not to carry out advertising, promotional or commercial exploitation activities through the website not expressly authorized by Abiolabs, nor use the contents and in particular the information obtained through the website to send advertising, send messages with purposes of direct sales or for any other commercial purpose, nor to collect or store personal data of third parties;

Not to use false identities, or to impersonate the identity of others in the use of the Web page or in the use of any of the services of the Web page, including the use in their case of passwords or access codes of third parties or in any other way;

Not to destroy, alter, use for its use, disableor damage the data, information, programs or electronic documents of Abiolabs, its suppliers or third parties;

Not to introduce, store or disseminate throughthe Web page any content that infringes intellectual property rights,industrial or business secrets of third parties, or in general any content ofwhich it will not hold, in accordance with the law, the right to put it atthird party disposition.


Liability exemption

Abiolabs will only be liable for any damages that the User may suffer as a result of the use of the Website, when said damages are directly attributable to him. Regarding the information and content included in the website or to which you may have access as a result of the links established in it, Abiolabs does not guarantee, in any way, or access at anytime to such information and content , nor its accuracy, nor its actuality or updating, nor its suitability or usefulness for the User’s purposes, not being responsible for the damages and losses of any nature that may be due to the transmission, diffusion, storage, availability, reception, obtaining or accessing the contents included in the Web page or those to which access is gained as a result of the links established therein. Likewise, Abiolabs exempts itself (and the User accepts it) from any liability for damages of any kind that may be due, with a purely enunciative and non-limiting character, to:

The presence of viruses or other harmful elements on the Web page, or Web pages that can be accessed through the links established in the one that may produce alterations in the computer system, electronic documents or files of the Users;

Interferences, omissions, interruptions, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of the Users, motivated by causes beyond Abiolabs, that prevent or delay the provision of the services or navigation through the system and the Web page;

Delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems;

That may be caused by third parties through illegitimate intrusions beyond the control of the Website and that are not attributable to Abiolabs;

The divergences of the information,documentation and / or other content of the Web page that may exist between the electronic version and the printed version;

The impossibility of providing the service or allowing access for reasons not attributable to Abiolabs, due to the User, to third parties, or in cases of force majeure. The responsibility of Abiolabs with respect to the damages of any nature that could be imputed will not exceeding any case, by express agreement between the parties, the amount that is determined in each case in the particular conditions of the acquired service.Failing this, the total responsibility of Abiolabs, except in case of willful misconduct or gross negligence, will be limited to the price paid by the corresponding User to Abiolabs (without including the taxes that may be applicable, if applicable).


Use of hyperlinks.

The Internet user who wants to introduce links from their own Webs to the Web Page must comply with the conditions detailed below without ignoring the same as the responsibilities derived from the Law. The link will only link to the home page or Main page of the Web page but you will not be able to reproduce it in any way (inline links, copy of texts, graphics, etc).In any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that involve the Web page or allow the display of contents through Internet addresses different from those of the page Web and, in any case, when viewed together with contents outside the Website in such a way that:

  it produces, or may produce, error, confusion or deception in the users about the true origin of the service or Contents;

suppose an act of comparison or unfair imitation;

serves to take advantage of the reputation of the brand and prestige of Abiolabs; or

In any other way is prohibited by current legislation. The page that introduces the link will not be made any type of false, inaccurate or incorrect statement about Abiolabs, its address,employees, customers or about the quality of the services it provides. In no case, will be expressed on the page where the link is located that Abiolabs has given its consent for the insertion of the link or that otherwise sponsors,collaborates, verifies or supervises the services of the sender. The use of any word, graphic or mixed brand or any other distinctive sign of Abiolabs within the sender’s page is prohibited except in cases permitted by law or expressly authorized in writing by Abiolabs and whenever permitted, in these cases, a direct link to the Web page in the manner established in this clause. The page that establishes the link must faithfully comply with the Law and may not in any case dispose of or link to its own content or that of third parties that:

a. Are unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc);

b. Induce or may induce in the User the false conception that Abiolabs subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender;

c. Are inappropriate or not relevant to the activity of Abiolabs in attention to the place, content and subject of the website of the sender. Likewise, the User will refrain from including on the Website any hyperlink (hereinafter, “link”) addressed to a Web page that contains information or illegal content, contrary to morality and generally accepted good customs, and public order.


Policy of Protection of Personal Data.

Abiolabs recognizes the importance of protecting the sphere of privacy of the User of the Web page, for which has developed a Policy of Protection of Personal Data that brings to your attention, so that the User freely and voluntarily decides if you want to facilitate the personal data that may be required or obtained on the occasion of your use of this website and / or request for any of the services offered in it.


Abiolabs reserves the right to unilaterally modify, at anytime and without prior notice, its Personal Data Protection Policy to adapt it to current legislation at all times. To request information or, where appropriate, proceed with the contracting or acquisition of the services offered, Users must previously provide Abiolabs with certain personal data that will be processed with the purpose of attending the queries made, where appropriate, formalize the contracting at a distance, manage, administer, lend,expand, improve and adapt the services offered on the website. As well as, the realization of promotional and advertising activities through any means that may be of interest to you. In accordance with the Data Protection Act,Protection of Personal Data (hereinafter, the “PPD”), the User shall have the right of access, rectification, cancellation, and opposition in accordance with the regulations in vigor with respect to your personal data collected as established in the preceding paragraphs, being able to direct for such purposes, by photocopy of ID, passport or equivalent identity document, to the contact address listed. Interested parties are informed that they can exercise their rights of access, rectification and cancellation using the following e-mail address info@abiolabs.com. User expressly accepts the inclusion of the data collected while browsing the Web page, or provided by completing any form, as well as those derived from the commercial relationship and / or delivery of the purchased services, in the file referred to above. On the other hand, in the case of contracting / using the services offered through the Web that require the treatment of particularly sensitive data (health), the User expressly consents to the processing of said data by the staff of Abiolabs, which it will be carried out in accordance with the duty of secrecy and confidentiality, adopting the security measures, which approves the Regulations. During the data collection process, and at each place on the Web page where such data is requested, the User will be informed, either through a hyperlink, either in the form itself, of the mandatory nature or not of collection of data such data. Abiolabs is committed to using the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with their obligation to save them and adapt all measures to avoid alteration, loss,treatment or unauthorized access, in accordance with regulations that may be applicable at any time. Finally, in the case of minors their personal data and their genetic information will also be used in a confidential manner,prioritizing in all cases the interest of the child over any other in accordance with the Law.


Use of cookies.

The website has “cookies” that allow Abiobas to obtain a series of data from Users.

What are cookies?

We will use your Personal Data until you decide to stop using our Service, for which you have to send us an email to ask us to delete your user account. While you do not unsubscribe, we will continue to treat your Personal Data for this purpose. Please note that, if there is an issue pending resolution related to the Service, we will try to resolve it before you can unsubscribe.

How do we use cookies?

Cookies are useful because they allow you to navigate more easily between different pages, remember your preferences and we use them to improve your online experience. We currently use session cookies, as well as technical, personalization, analysis and advertising cookies. The latter allow the management of the advertising spaces that appear on the Web based on criteria such as the content or frequency of the ads. Finally indicate that we use Google Analytics. This cookie is used to gather information about how our website is used. We use the information to compile reports and as a help element to improve the Web page. We do not share this information with third parties. The cookie gathers information anonymously, which means that it cannot be linked back to the user. It collects data such as the number of visitors who have used our website, where the visitors arrive from the website and what pages they have visited. If you want more information about Google Analytics,you can consult its online privacy policy. Here you can find information about privacy in Google Analytics: https://support.google.com/analytics/answer/2838718?hl=en&ref_topic=2790009

How can I disable cookies?

You can choose the option that your computer receives a warning each time a cookie is sent or you can choose to deactivate all cookies.To do so, you must go to the configuration menu of your browser (Internet Explorer, Firefox, Chrome …). Each browser is different, so we recommend you check the Help menu of your browser to know how to set your cookies correctly.But remember that it is possible that if you deactivate cookies, you do not have access to some functions that make our website more efficient. If you do not want the data of your visits to be communicated by Google Analytics, you can install the Google Analytics Disabling Add-on for Browsers. Here you can find more information about the installation and the uninstallation of theafore mentioned complement: https://tools.google.com/dlpage/gaoptout. The aforementioned sites are not Abiolabs websites and we are not responsible for their content.


Intellectual and Industrial Property.

The content of the Web page that includes, for a purely enunciative and non-exclusive purpose, texts, photographs, graphics, images, icons, software,links and other audiovisual content, as well as its graphic design and Source codes are the intellectual property of Abiolabs, or third parties who have assigned their use to Abiolabs. This content is protected by national laws and international treaties relating to intellectual property rights that are applicable. Likewise, all trademarks, trade names, or distinctive signs of any kind that appear on the Website are the property of Abiolabs or third parties that, if applicable, have authorized Abiolabs to include and use them on the Website. All industrial and intellectual property rights on this website are legally reserved and access to it or its use, by the user, should not be considered, in any way, as the granting of any license or use right on any active whose ownership or property corresponds to Abiolabs or third parties.The total or partial reproduction by any means of the content, trademarks,trade names, and distinctive signs of any kind, included in the Web page, as well as the sale, assignment, lease, distribution, public communication,transformation, or any other use that if you want to give them, without prior express authorization of the corresponding owner, it is totally forbidden and will be prosecuted civilly and, where appropriate, criminally, in accordance with the applicable national Laws and International Treaties.


Terms and Conditions for the sale of services offered on the web page

Information prior to hiring.

These general contracting conditions, together with the document of the “Informed Consent” and the particular conditions that may be established, will expressly regulate the relationships arising between Abiolabs and the Users that contract the services offered through the Web page. We inform you that in any case, the language in which the contract between Abiolabs and the Client will be perfected, will be English. The use and / or acquisition of any of the services offered through the Web page implies acceptance as User,without reservations of any kind, to each and every one of these General Conditions, as well as to the particular conditions that, in your case, govern the acquisition. In this regard, the User accepts that the services of Abiolabs are limited by, mainly, the following questions derived from genetic research:

Most of the research and genetic studies are carried out in the Caucasian population (white race); therefore, it is possible that the interpretations facilitated by Abiolabs are not valid in case the User does not belong to the aforementioned population;

As a continuation of what is indicated in point(i) above, genetic disease relationships are normally based on ethnic identity,and research focuses on limited populations; thus, these investigations may provide knowledge of a specific population but not of an individual member and,likewise, the relationships have not been studied in many populations and therefore may not be valid for other populations; and

Genetic research advances day by day and,consequently, current knowledge of the genetics of certain diseases or individual conditions could be partial and inaccurate. Therefore, as a continuation of the above, the User expressly accepts that Abiolabs does not guarantee that its services (including its results) are error-free, 100%accurate, reliable and safe, have a temporary continuity or respond to certain expectations part of the Users.

Abiolabs informs that the procedures to carry out the acquisition of services are those described in these General Conditions, as well as those specific ones that are indicated on the screen during navigation,so that the User declares to know and accept such procedures as necessary to access the services offered on the Web page. Any modification and / or correction of the data provided by the Users during the navigation will be possible and must be carried out according to the indications included in the Web page. The services offered on the Web page, together with their characteristics and prices, will appear in the corresponding catalog on the screen. Abiolabs reserves the right to decide at any time the services and,where appropriate, products that are contained and offered to the Users through the Web page. In this way, Abiolabs may, at any time, add new services and / or products to those included in the Web page, understanding, unless otherwise provided, that they will be governed by the provisions of the General Conditions in vigor at that time. Likewise, Abiolabs reserves the right to stop providing access, at any time and without prior notice, of any of the products or services offered on the Website.


VERY IMPORTANT: USERS OF THIS WEBSITE MUST BE OVER 18 YEARS OF AGE,

and they must follow the instructions included in the different screens of the Web page to formalize the desired purchase. Likewise, the User may access the Web page but may not formalize any purchase in case he / she resides in a country or territory whose applicable law prohibits him from contracting the services of Abiolabs. In such cases, the availability of the Web page cannot be qualified as an offer by Abiolabs of its services to the people who access the Web from those countries or territories. In those cases, in which Abiolabs services are going to be used by minors, it will be necessary for either of their parents or, if applicable, the one of them to exercise parental authority, who hires the services. In the absence of parents, the owner of the guardianship will be the only one who can contract with Abiolabs. In order for Abiolabs services to be rendered to minors, those who hold parental authority must prove this by sending Abiolabs a scanned copy of their ID and of the ID of the child if he already had it. In the absence of ID, a scanned copy of the passport or equivalent identity document (both of the parent / holder of parental authority and of the minor if the latter already had a passport or equivalent identity document) will be provided. In the event that the person requesting the services of Abiolabs for a minor is their guardian, they must prove this condition by sending a scanned copy of the judgment or judicial resolution containing their appointment, together with their ID and the ID of the child if he already had it. In the absence of ID, a scanned copy of the passport or equivalent identity document will be provided (both of the guardian and of the minor if the latter already had a passport or equivalent identity document). Abiolabs will not be in any case responsible for the truthfulness of the statements made by those who declare to be holders of parental authority or guardianship of the child for whom any of the services described on the website are contracted. Abiolabs will not be responsible for verifying the authenticity of the documentation provided by those who contract on behalf of the minor. Abiolabs will only maintain communications with Users of legal age.


Procedure of acquisition of services.

For the acquisition of Abiolabs services, the User is required to fill out the registration form with the required information,follow the instructions on the screen to make the selection of the desired service, and once accepted these General Conditions and the summary of the purchase in which the detail of the service / s that you want to acquire is related, provide the payment information -depending on the payment modality existing in each case-. The information provided by the User to Abiolabs during the contracting process must be complete, true and updated.

Confirmation of the service purchased and instructions for its use.

At the moment Abiolabs has confirmation of the payment made by the User, within a maximum period of 48 hours, the latter will receive a confirmation e-mail, through which, it will be informed of the purchase made, and The steps to be followed in each case will be indicated. If, exceptionally, the Buying User does not receive the confirmatory mail within a maximum period of 48 hours, you must contact Abiolabs to report the incident at the email address info@abiolabs.com. In any case, after formalizing the purchase, the User must accept the particular conditions, which will be available at all times on the Web page through which he made the purchase. Likewise, by acquiring any Abiolabs service, the User accepts and guarantees:

That the sample provided comes from the User or from the person for whom the service was contracted and does not result from it.application of any regulations that prohibit him from providing said sample;

That the User does not work or is related in anyway to insurance companies, health companies or any other third parties thatmay have commercial interests in knowing the results of the service contractedwith 24Genetics.com; and

That you do not acquire the service of Abiolabsfor the purpose of reselling, copying, reproducing or exploiting itcommercially in any way, nor for the purpose of criticizing, damaging orperforming any action contrary to Abiolabs and its activities. The User isresponsible for the correct extraction of the sample following the instructionsthat come in the kit. In the case in which it was not possible to extractenough DNA due to the incorrect extraction of the sample, the User must pay thecosts of the kit, its sending and processing of a new sample valued at € 50 foreach participant.


Price and method of payment.

The prices in force at the time the purchase is made, are those that appear on the screen (taxes applicable in each case included), in the summary page, after formalizing the purchase, except typographical error.Prices exclude VAT unless otherwise indicated. In general, any tax, rate and /or tax that accrues as a result of the acquisition of services, as well as any other expenses that may derive from it, will be at the User’s expense. At the moment in which the User selects a service to buy it in the description on the screen, the amount of said service will appear, as well as, if applicable, the corresponding case, to the shipping costs. Purchases, depending on the services to be purchased, can be paid by Bank transfer.Payment of the price of services purchased and of the shipping costs, which will appear on the screen, may be made by debit.

 Likewise, Abiolabs states that, in no case, does it store in any way the data provided by the Users through the payment gateway, and that they are only kept while the purchase is made, the payment is made and until the end of the period of withdrawal.


Withdrawal of orders.

Abiolabs’ returns policy is as follows: The amount to be returned is subject to the following conditions:

The amount of your purchase will be refunded with a penalty of 125€.

If you have already proceeded to send the sample back to our laboratory, you cannot proceed to the refund of the amount disbursed. If, exceptionally, the Buyer has any problem related to the order,he should contact Abiolabs to solve it as soon as possible, by sending an email to the following address info@abiolabs.comor accessing the return form on the Web.


Communications between the Parties- Customer Service.

For the purposes of these Terms and Conditions, and for any communication that is necessary between Abiolabs and the User, these should be directed to the Customer Service by email (sent a message to the following address: info@abiolabs.com). The communications from Abiolabs to the User will be made in accordance with the data provided by the User when registering. The User accepts expressly for allthe communications related to the use of the Web page, and/or the acquisition of services, the use of the non-encrypted electronic mail like valid procedure for the remission of the above mentioned communications. The User exempts Abiolabs of any responsibility by the interception or access to the electronic mails by not authorized persons, as well as of any damage or damage that can take place to the User as a consequence of computer virus, failures in the network oranalogous suppositions except that they were for cause imputable directly to Abiolabs.


Use and storage.

The User accepts that Abiolabs establishes practices andlimits in relation to the use of its services including, among others, themaximum number of days that the content can be stored, the maximum space indisk that will be able to be used to store the data of its account, or themaximum number of times that the User can access in a determined time. The Useraccepts that Abiolabs may modify these general practices and limitsdiscretionally and at any time.


Nullity.

If any of the clauses included in the present General Conditions were declared, total or partially, null or ineffective for contravening the applicable legislation, the same one will be considered not put, subsisting the General Conditions in everything else, except that it is a clause whose validity depends on the validity of the General Conditions or its suppression determines a significant decrease in the balance of the reciprocal benefits of the parts. In such a case, the User and Abiolabs will negotiate in good faith the substitution of the clause/s declared null or ineffective and the measures that adapt to a greater extent to the intended purpose.


Dispute Resolution. Applicable Law and Jurisdiction.

If any of the clauses included in the present General Conditions were declared, total or partially, null or ineffective for contravening the applicable legislation, the same one will be considered not put, subsisting the General Conditions in everything else, except that it is a clause whose validity depends on the validity of the General Conditions or its suppression determines a significant decrease in the balance of the reciprocal benefits of the parts. In such a case, the User and Abiolabs will negotiate in good faith the substitution of the clause/s declared null or ineffective and the measures that adapt to a greater extent to the intended purpose.

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