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Terms Of Service

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Definitions

1. "Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.

2. "Customer" means any person who purchases products/services from OhMyGene and also includes a user.

3. "De-identified Information" information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information.

4. "Genetic Information" is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva or any other sample by OhMyGene or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to OhMyGene.

5. "Personal Information" is information that can be used to identify you, either alone or in combination with other information.

6. "Product Development" means research performed for the purpose of new product development. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.

7. "Sagenome Private Limited" signifies Genomics and Molecular Diagnostics service provider under the brand “OhMyGene” whose registered office is TC-9/256, O-17, Jawahar Nagar, Thiruvananthapuram Kerala- 695003, INDIA.

8. "Sample" includes any saliva sample, blood sample, swab sample or any other human sample collected for the purpose of genetic testing.

9. "Self-Reported Information" information you provide to us, either through the Services or through a third party, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your OhMyGene account or that you authorize a third party to provide to OhMyGene.

10. "Service" or "Services" means OhMyGene‘s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the User.

11. "User" includes any person who uses the products, software, services, and website of OhMyGene.

12. "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of the Services and transmitted, whether publicly or privately, to or through OhMyGene.

13. "Web Behavior Information" is information on how you use the OhMyGene website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.

Acceptance Of Terms

Your use of the Services (excluding any services provided by OhMyGene under a separate agreement) is subject to the terms of the legal agreement between you and OhMyGene set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to

1. Submitting a saliva sample or any other sample for DNA extraction and processing
2. Uploading a digital version of your Genetic Information and interacting with it on the OhMyGene website, and/or
3. Creating and using a free OhMyGene account without providing your saliva or any other sample or Genetic Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by
4. Clicking to accept or agree to the TOS, where this option is made available to you by OhMyGene for any Service; or by
5. Actually using the Services. In this case, you acknowledge and agree that OhMyGene will treat your use of the Services as acceptance of the TOS from that point onwards.

In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. OhMyGene also may offer other services from time to time that are governed by different terms of service.

Pre-Requisites

1. Whether you submit your own saliva or any other sample, a sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TOS if

(a) you are not of legal age to form a binding contract with OhMyGene, or

(b) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

2. In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.

Description Of The Services

The Services include access to the OhMyGene public website and personal genotyping services, including the collection and analysis of your saliva or any other sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by OhMyGene at the time of the purchase, viewing or other use. As research progresses and scientific knowledge and technology evolve, OhMyGene would be constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which OhMyGene provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that OhMyGene may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at OhMyGene’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform OhMyGene when you stop using the Services. OhMyGene assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for having such equipment. You acknowledge and agree that while OhMyGene may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by OhMyGene at any time, at OhMyGene’s discretion.

Risks and Considerations Regarding OhMyGene Services

Once you obtain your Genetic 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. You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from OhMyGene, your physician, a genetic counselor, or other health care provider.
We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A genetic counselor also can help you understand your results and options.

Some people feel a little anxious about getting genetic health results This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing.

You may learn information about yourself that you do not anticipate This information 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, surprising facts related to your ancestry, or that someone with your genotype may have a higher than average chance of developing a specific condition or disease). These outcomes could have social, legal, or economic implications.

The laboratory may not be able to process your sample, and the laboratory process may result in errors The laboratory may not be able to process your sample up to 5% of the time if your saliva or any other sample does not contain a sufficient volume of DNA, you do not provide enough saliva or any other sample, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, OhMyGene will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, OhMyGene will offer to send another sample collection kit to the user to collect a second sample at no charge. If the user sends another sample and OhMyGene’s attempt to process the second sample is unsuccessful, OhMyGene will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to OhMyGene, less shipping and handling charges as per the Refund and Cancellation Policy. However, the user can opt to submit another sample (3rd and final sample) at his own cost which includes cost of new saliva collection kit or any other form of sample and transportation charges. OhMyGene reserves the right to accept or reject any sample or request for services at its discretion at any point of time. 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 (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.

You should not change your health behaviors solely on the basis of Genetic Information from OhMyGene Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from OhMyGene Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through OhMyGene, you should contact your physician or other health care provider. Please note that genetic risk assessment is not applicable to results of carrier screening tests.

Genetic research is not comprehensive While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of OhMyGene is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our Service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.

Genetic Information you share with others could be used against your interests You should be careful about sharing your Genetic Information with others. Some, but not all, states, countries and other jurisdictions have laws that further protect individuals with regard to their Genetic Information. You should consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.
Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or other users in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made.

OhMyGene Services are for research, informational, and general health risk assessment only. We do not provide medical advice Many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely usedfor clinical testing. In order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all genotyped users to participate in OhMyGene Research. Participation in such research is voluntary with written consent. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any 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.
OhMyGene does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic Information and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained in our website, OhMyGene believes that (a) genetics is only part of the picture of any individual’s state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by OhMyGene, OhMyGene employees, others appearing on our website at the invitation of OhMyGene, or other visitors to our website is solely at your own risk.

Limited License

You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not OhMyGene, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.

You acknowledge that the Services content presented to you as part of the Services, whether original OhMyGene Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by OhMyGene and/or the sponsors who provide that content to OhMyGene (or by other persons or companies on their behalf). OhMyGene grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the OhMyGene website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; and (ii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by OhMyGene or by the owners of that content, in a separate agreement.

Customer Conduct – Unlawful and Prohibited Use

As a condition of your use of the Services, you warrant to OhMyGene that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may use the Services outside Indiaonly in compliance with the laws and regulations of that country. Furthermore you agree not to use the Services to:

1. Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;

2. Impersonate any person or entity, including, but not limited to, anyone affiliated with OhMyGene, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

4. "Stalk" or otherwise harass another;

5. Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. Use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use;

7. Download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;

8. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of OhMyGene or any other party;

9. Harm minors in any way;

10. Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;

11. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;

12. Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

13. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by OhMyGene;

14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of OhMyGene’s website;

15. Attempt to or actually override any security component of OhMyGene web services;

16. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

17. Violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with OhMyGene; or

18. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

You acknowledge and agree that you are solely responsible for (and that OhMyGene has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which OhMyGene may suffer) of any such breach. In case of breach of any one of these agreements OhMyGene has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify OhMyGene and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate the terms of this Section and/or OhMyGene has a reasonable ground to suspect that you have violated the terms of this Section, OhMyGene has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Export Control and Applicable Laws
and Regulations

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree

1. That providing your sample is not subject to any export ban or restriction in the state in which you reside,

2. That your sample and data may be transferred and/or processed outside the state in which you reside, and

3. That you will comply with all applicable laws regarding the transmission of technical data exported from the state from which you access any Service online.

Material Posted Through The Service

OhMyGene will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-OhMyGene content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will OhMyGene be liable in any way for any non-OhMyGene content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.

You acknowledge that OhMyGene and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, OhMyGene and its designees shall have the right to remove any content that violates the TOS or is deemed by OhMyGene, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Material Provided To OhMyGene – Your
Proprietary Rights

User Content OhMyGene does not claim ownership of the User Content you provide to OhMyGene (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give OhMyGene, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for OhMyGene to make such User Content available to other companies, organizations, or individuals with whom OhMyGene has relationships, and to use such User Content in connection with the provision of those services.

You understand that OhMyGene, in performing the required technical steps to provide the Services to our users, may

a. Transmit or distribute your User Content over various public networks and in various media; and

b. Make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit OhMyGene to take these actions. You represent and warrant to OhMyGene that you have all the rights, power, and authority necessary to grant the above license.

Genetic and/or Self-Reported Information Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties for Research purposes will not occur without explicit consent. Note that OhMyGene cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the OhMyGene website. You acknowledge and agree that you are responsible for protecting and enforcing your rights and that OhMyGene has no obligation to do so on your behalf.

Your saliva or any other sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from OhMyGene as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and these TOS, shared with or included in Aggregated Genetic and Self-Reported Information shared with any research collaborator.

Waiver of Property Rights As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by OhMyGene or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

Indemnity

You agree to defend and hold OhMyGene, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.

If you have submitted a saliva or any other sample or otherwise provided your own Genetic Information, you will defend and hold harmless OhMyGene, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your sample (saliva or any other sample) and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless OhMyGene, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

No Resale Of Service

Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and OhMyGene, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that OhMyGene may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on OhMyGene’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that OhMyGene has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that OhMyGene reserves the right to change these general practices and limits in its sole discretion.

Modifications to Service

OhMyGene reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that

i. modifications may result in a delay in computations for some of the OhMyGene features or Services, and
ii.OhMyGene shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Software that you use may from time to time automatically download and install updates from OhMyGene. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit OhMyGene to deliver these to you) as part of your use of the Services.

You acknowledge that OhMyGene may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

Termination

The TOS will continue to apply until terminated by either you or OhMyGene as set out in this Section.

If you want to terminate your legal agreement with OhMyGene, you may do so by deleting your OhMyGene account and data within your Account Settings. Once you submit your request, we will send an email to the email address linked to your OhMyGene account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign-in to your account.

OhMyGene may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:

1. You have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS);

2. OhMyGene is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

3. The partner with whom OhMyGene offered the Services to you has terminated its relationship with OhMyGene or ceased to offer the Services to you;

4. OhMyGene is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or

5. The provision of the Services to you by OhMyGene is, in OhMyGene’s opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that OhMyGene shall not be liable to you or any third party for any termination of your access to the Services.

Survival Of Terms

When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and OhMyGene have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections.

1. Definitions
2. Acceptance of Terms
3. Prerequisites
4. Description of the Services
5. Risks and Considerations Regarding OhMyGene Services
6. User Representations
7. Account Creation, Customer Account, Password and Security Obligations
8. OhMyGene Privacy Statement and Disclosure of Information
9. Customer Conduct – Unlawful and Prohibited Use
10. Export Control and Applicable Laws and Regulations
11. Material Posted through the Service
12. Material Provided to OhMyGene – Your Proprietary Rights
13. Indemnity
14. No Resale of Services
15. Termination
16. Survival of Terms
17. Dealings with Information Providers and Listed Resources
18. Hyperlinks and OhMyGene Website
19. OhMyGene Proprietary Rights
20. DISCLAIMER OF WARRANTIES
21. LIMITATION OF LIABILITY
22. Notice
23. Violation or Suspected Violation of Terms of Service
24. Dispute Resolution
25. Miscellaneous

shall continue to apply to such rights, obligations, and liabilities indefinitely.

Dealings With Information Providers
and Listed Resources

Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that OhMyGene shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

Hyperlinks and The OhMyGene Website

The Service providers and third parties may provide links to other sites and resources on the Internet. Because OhMyGene has no control over such sites and resources, you acknowledge and agree that OhMyGene is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OhMyGene shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

OhMyGene’s Proprietary Rights

You acknowledge and agree that OhMyGene (or OhMyGene’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by OhMyGene and that you shall not disclose such information without OhMyGene’s prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by OhMyGene, you agree not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of OhMyGene and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

OhMyGene, Inc., OhMyGene, and other OhMyGene logos and product and service names are trademarks of OhMyGene and these marks together with any other OhMyGene trade names, service marks, logos, domain names, and other distinctive brand features are the “OhMyGene Marks”. Unless you have agreed otherwise in writing with OhMyGene, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any OhMyGene Marks and you agree not to display, or use in any manner, OhMyGene Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by OhMyGene, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

For any Software not accompanied by a License Agreement, OhMyGene grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by OhMyGene, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by OhMyGene, in the manner permitted by the TOS. Unless OhMyGene has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by OhMyGene for use in accessing the Service. Any rights not expressly granted herein are reserved.

Disclaimer Of Warranties

You expressly acknowledge and agree that:
1. Your use of the services are at your sole risk. The services are provided on an “as is” and “as available” basis. OhMyGene expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Ohmygene makes no warranty that (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations and (e) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from ohmygene or through or from the services shall create any warranty not expressly stated in the tos.
5. You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. ohmygene does not control or endorse any actions resulting from your participation in the services and, therefore, ohmygene specifically disclaims any liability with regard to any actions resulting from your participation in the services.

Limitation Of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that ohmygene shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ohmygene has been advised of the possibility of such damages), resulting from:
1. The use or the inability to use the services;
2. Any action you take based on the information you receive in, through or from the services
3. Your failure to keep your password or account details secure and confidential
4. The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services
5. Unauthorized access to or alteration of your transmissions or data
6. The improper authorization for the services by someone claiming such authority; or
7. Statements or conduct of any third party on the services.

Notice

Notices to you may be made via either email or regular mail. OhMyGene may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.

Official notices related to this TOS must be sent to us at by post: Sagenome Private Limited, TC-9/256, O-17 Jawahar Nagar, Thiruvananthapuram Kerala- 695003, INDIA or by email: hello@ohmygene.com

Additionally, OhMyGene accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

Changes To The Terms Of Service

OhMyGene may make changes to the TOS from time to time. When these changes are made, OhMyGene will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.The revised TOS will be effective on or after the posted date. If we make a material change to the TOS, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS. If any change to the TOS is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, OhMyGene will treat your use as acceptance of the updated TOS.

Violation Or Suspected Violation Of Terms Of Service

If you violate the terms of these TOS and/or OhMyGene has a reasonable ground to suspect that you have violated the terms of these TOS, OhMyGene has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Dispute Resolution (Including Arbitration, Class
Action Waiver and Time To Initiate Action)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution. We are available by email at hello@ohmygene.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating an arbitration, and if arbitration fails, a lawsuit for which the jurisdiction shall be in the courts of Trivandrum.

Miscellaneous

1. Entire Agreement: The TOS constitute the entire agreement between you and OhMyGene and govern your use of the Services, superseding any prior agreements between you and OhMyGene on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software

2. The failure of OhMyGene to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

3. Admissibility of printed version: A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

4. Section titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.

5. Severability Clause: If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.

6. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, OhMyGene for any third party that assumes our rights and obligations under this Agreement.

Disclaimer

Sometimes, one gene may affect more than one trait/ disease. And at times, many genes are associated with one trait/ disease. The gene associations mentioned are from scientific findings and globally published reports. Genomic Testing is a genetic screening of the important genes and does not replace your medical checkups or other diagnostic tests. Do not make decisions about your health solely based on the information contained in your gene report. Always consult with a licensed and experienced medical practitioner when you receive your gene report.

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