1.1 Scope and structure of the Terms and Conditions
The Provider Group operates various product groups and services that are all governed by these Terms and Conditions. For this reason, depending on the service or product, only certain parts of these Terms and Conditions apply.
1.2 Definition
The Provider: means PGL Finance B.V. whose principal place of business is in Bieslandsdeweg 2, 2645 BM Delfgauw, The Netherlands.
‘Service’ or ‘Services’ means the Provider’s services including but not limited to submitting a sample for COVID-19 extraction and processing
‘Personal Information’ is information that can be used to identify you, either alone or in combination with other information. The Provider collects and stores the following types of Personal Information: o ‘Registration Information’ is the information you provide about yourself when registering for and / or purchasing our Services (e.g., name, email, address, user ID and password, and payment information).
1.3 Acceptance of Terms
Your use of the Provider’s Services (excluding any services provided by the Provider under a separate agreement) is subject to the terms of the legal agreement between you and the Provider set forth in these Terms and Conditions (‘Terms and Conditions’). Except as specified herein, these Terms and Conditions apply to any use of the Services, including but not limited to submitting a saliva sample for COVID-19 extraction and processing; In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions. You can accept the Terms and Conditions by: (1) clicking to accept or agree to the Terms and Conditions, where this option is made available to you by the Provider for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that the Provider will treat your use of the Services as acceptance of the Terms and Conditions from that point onwards. In addition, when using in particular the Provider’s Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. The Provider also may offer other services from time to time that are governed by different terms of service.
Before the Agreement is entered into remotely, the text of these General Terms and Conditions shall be made available to the Customer. The text of these General Terms and Conditions shall be made available to the Customer electronically in such a way that the Customer can easily save it on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the Agreement is entered into remotely, where the Customer can take note of the General Terms and Conditions in an electronic form and that the text can, at the request of the Customer, be sent electronically or in some other way to the Customer free of charge.
Any references by the Customer to its own general sales- and delivery conditions are expressly rejected.
1.4 Description of the Services
Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms and Conditions. You acknowledge and agree that the Services are provided ‘AS-IS’ and are based on the current state of the art of technology in use by the Provider at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, the Provider is 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 the Provider supplies may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that the Provider may stop (permanently or temporarily) with providing some Services (or any features within the Services) to you or to other users generally at the Provider’s sole discretion, without prior notice to you. You may stop using the Services at any time. The Provider assumes no responsibility for the use of Services outside the terms of this Terms and Conditions or other applicable terms.
1.5. Risks and Considerations Regarding the Provider’s Services
1. Once you obtain your Medical Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as medical research advances, will be welcome or positive.
2. You may learn information about yourself that you do not anticipate. This information may evoke
strong emotions. These outcomes could have social, legal, or economic implications.
3. The laboratory might not be able to process your sample, and the laboratory process may result in
errors. The laboratory might not be able to process your sample if you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.
4. You should not change your behaviors with respect to health, solely on the basis of information from the Provider. Make sure you discuss your Medical Information with a physician or other health care provider before you act upon the Medical Information resulting from the Provider’s Services.
5. Medical Information you share with others could be used against your interests. You should be careful about sharing your Medical Information with others.
6. Furthermore, Medical 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 insurance companies in the future. Medical Information that you share
with family, friends or employers may be used against your interests.
7. The Provider’s Services are for informational use only. We do not provide medical advice. The Medical Information supplied by the Provider is for informational use only.
1.6. User Representations
By accessing the Provider’s Services, you agree to, acknowledge, and declare as follows:
1. You understand that information you learn from the Provider is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Provider’s Services are intend for informational purposes only. You acknowledge that the Provider urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your medical Information.
2. You give permission to the Provider, its contractors, successors and assignees to perform PCR services on your sample and you specifically request the Provider to disclose the results of analyses performed on your sample to you and to others you specifically authorize.
3. You guarantee that any sample you provide is your sample; if you are agreeing to these Terms and
Conditions on behalf of a person from whom you have legal authorization, you confirm that the sample provided will be the sample of that person.
4. You confirm that this act is not subject to any export ban or restriction in the country in which you
reside.
5. You agree that any sample you provide and all resulting data may be transferred and/or
processed outside the country in which you reside.
6. You warrant that you are neither an insurance company nor an employer attempting to obtain
information about an insured person or an employee.
7. You are aware that some of the information you receive may provoke strong emotion.
8. You understand that all your Personal Information will be stored in the Provider’s databases, and will be processed in accordance with the Provider’s Privacy Statement.
1.7. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to the Provider that you will not use the Services for any purpose that is unlawful or prohibited. 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 through the Services. Furthermore, you agree not to use the Services to 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 the Provider; or 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 the Provider has no responsibility to you or to any third party for – any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Provider may suffer) of any such breach. In the event of a breach of any of these agreements, the Provider 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 the Provider 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 the Provider has reasonable grounds to suspect that you have violated the terms of this Section, the Provider has the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any part thereof).
1.8. Medical and/or Self-Reported Information.
Once your sample is taken and submitted and analyzed by us, is processed in an irreversible manner. Any Medical Information derived from your sample remains your information, subject to those rights we retain as set forth in these Terms and Conditions. You understand that you should not expect any financial benefit from the Provider as a result of having your Medical Information processed or made available to you, as provided for in our Privacy Statement and Terms and Conditions.
1.9. Indemnity
You agree to defend and indemnify the Provider, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees against any claim, or demand, including reasonable attorneys’ fees, made by any third party either; due to or arising out of User Content you submit, post to, or transmit through the Service; or your use of the Service; or your connection to the Service; or your violation of the Terms and Conditions; or your violation of any rights of another.
If you have submitted a sample or otherwise provided your own medical Information, you will defend and indemnify the Provider, its employees, contractors, successors, and assignees against any liability arising out of the use or disclosure of any information obtained from analyzing sample and/or analyzing your medical Information that 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 Medical 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 indemnify the Provider, its employees, contractors, successors, and assignees against any and all liability arising from such disclosure or use of your Medical and/or Self-Reported Information.
1.10. Termination
1. The Terms and Conditions will continue to apply until terminated by either you or the Provider as
set out in this section. If you want to terminate your legal agreement with the Provider, you may do so by notifying the Provider at any time online by email via Customer Services. If you provide notice online, the Provider will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you. The Provider may at any time, terminate its legal agreement with you if: (1) you have breached any provision of the Terms and Conditions (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms and Conditions); (2) the Provider 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 the Provider offered the Services to you has terminated its relationship with the Provider or ceased to offer the Services to you; (4) the Provider is transitioning to no longer provide 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 the Provider is, in the Provider’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 the appropriate law enforcement authorities. You acknowledge and agree that the Provider shall not be liable to you or any third party for any termination of your access to the Services.
1.11 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. The Provider 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) the Provider 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 the provider or through or from the services shall create any warranty not expressly stated in the terms and conditions. (5) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. The Provider does not control or endorse any actions resulting from your participation in the services and, therefore, the Provider specifically disclaims any liability with regard to any actions resulting from your participation in the services.
1.12. Limitation of liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that the Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of the provider, goodwill, use, data or other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in, though, or from the services; (c) your failure to keep your password or account details secure and confidential; (d) 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; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
1.13. Notice
Notices to you may be made via either email or regular mail. The Provider may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on or through the Services. Any notices that you provide without compliance with this section on notices shall have no legal effect.
1.14. Changes to the Terms of Service
The Provider may make changes to the Terms and Conditions from time to time. When these changes are made, the Provider will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, the Provider will treat your use as acceptance of the updated Terms and Conditions.