GenePlaza

Bottom line: we will not sell your data to anyone ever. Period. All data sharing is done under your own terms. No exceptions.

Preamble

These General Conditions of Service of GenePlaza (see the definitions below), the Privacy Policy https://www.geneplaza.com/privacy, as well as any specific conditions of each order processed on GenePlaza, are the entire contractual framework applicable to any use, order and service provision that occurs on GenePlaza. It cancels and replaces any prior communication that may have occurred.

It is important to read, understand and accept each of the following terms, as any use, order or service provision that occurs on GenePlaza is subject to the application of this contractual framework and, in particular, these General Conditions of Service. If you do not agree with the terms hereof, do not use GenePlaza.

This Preamble is an integral part of the General Conditions of Service.

General points

Who are these General Conditions of Service intended for?

These General Conditions of Service are for anyone who visits and uses the website or the corresponding mobile app, and in general, the service of the information society, which is accessed at www.geneplaza.com (hereinafter "GenePlaza"). This person is indicated by "You" here (see definitions below).

Who are We and how can We be contacted?

The GenePlaza website or the corresponding mobile app, that You are visiting and/or, in general, the service of the information society in which these General Conditions of Service are to be incorporated (hereinafter "GenePlaza"), is that of: GenePlaza B.V.B.A. (hereinafter "Us/We").

Our specific contact details:
Legal form: B.V.B.A.
Website: www.geneplaza.com
Email: help@geneplaza.com
Registered office address: Veeartsenstraat 49 1901, B-1070 Bruxelles, Belgium
VAT/BCE No.: BE 0693.909.096

You can contact Us at the postal address shown above.

For any question relating to these General Conditions of Service, You can also send an email to the following address: help@geneplaza.com

Definitions

In these General Conditions of Service, the following terms have the meanings given below:

GenePlaza account: the page listing all of Your data, including Your personal data hosted on GenePlaza in accordance with our Privacy Policy https://www.geneplaza.com/privacy, as well as the Services that you receive.

General Conditions of Service: these GenePlaza General Conditions of Service governing the Use of GenePlaza.

Content: all of the information, data, images, texts, videos, photos, messages, softwares and sounds published on GenePlaza by Us, You or any other User.

Service contract: the contract concluded between the Contracting Parties dealing with one Paid service on GenePlaza.

Genetic data: personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question; Your genetic data refer to Your genetic information that You have sequenced from a third party that You decide to import to GenePlaza or that have been generated by processing the saliva sample that You have provided Us using the GenePlaza Kit.

GenePlaza: the website and the corresponding mobile app, and in general, the service of the information society, on which We offer our Services, which can be accessed at the following address: www.geneplaza.com

GenePlaza Kit: the DNA testing kit sold on GenePlaza in accordance with these General Conditions of Service, which consists of a tube to collect the saliva sample required for DNA sequencing, an instruction manual and an envelope for Us to return the used Kit directly to the analytical laboratory with which We work.

The Apps of Our Commercial Partners: lthe apps offered by third party publishers who are Our Commercial Partners that We agree to host on GenePlaza, which purpose is to allow You to send Your genetic data to them so that they can provide You with a variety of information based on Your genetic data that You may have sent them.

Our Apps: the apps that We offer on GenePlaza which purpose is to provide You with a variety of information based on Your genetic data.

Our Commercial Partners: third party publishers for which We agree to host the Apps of Our Commercial Partners described above on GenePlaza.

Our Scientific Partners: scientists using GenePlaza for their human genetics research.

Us: the company that offers its Services on GenePlaza, the contact details for which are specified in article “General Points” hereof, designated in these General Conditions of Service by the terms "Us", "We", "Our", etc

Contracting Parties: the parties that undertake to abide by these General Conditions of Service, namely You and Us.

Service(s): all of the services, including the Paid services and support services, that We provide on GenePlaza in connection with Our professional activity or pursuant to Our statutory purpose, as described in Article “Description of Our Services” hereof.

Paid Service(s): the provision of a digitalized version of Your genetic data that have been generated using the GenePlaza Kit and analysed by the laboratory with which We work and/or the provision of Our paid Apps;

Durable medium: any instrument which enables You and/or Us to store information addressed to You personally in a way that enables You to access it for future reference during a period of time that is adequate for the purposes for which the information is intended and which allows the identical reproduction of the stored information.

User(s): any person other than You, who accesses and uses GenePlaza.

You: the person who accesses and uses GenePlaza, designated in these General Conditions of Service by "You", "Your", etc

Purpose and acceptance of these General Conditions of Service

GenePlaza is governed by these General Conditions of Service.

You agree to abide by them during any registration onto, any access to, any purchase made on, and in general, any use of GenePlaza.

By using GenePlaza and ticking the corresponding box during Your registration, You acknowledge having read and accepted these General Conditions of Service.

Notwithstanding the previous paragraph, minors under 18 years old cannot consent to these General Conditions of Service. They are too young to make such a decision and be able to understand what is written and provided for herein.

Consequently, registration on GenePlaza and its use is prohibited to minors under 18 years old

Description of our services

On GenePlaza, We allow You to:

Open a personal account on GenePlaza in order to host a digitalized version of Your genetic data that You have sequenced from a third party or that have been generated using the GenePlaza Kit;
Access to a digitalized version of Your genetic data that have been generated using the GenePlaza Kit and analysed by the laboratory with which We workravaillons;
Import your genetic data to Your GenePlaza account to obtain a digitalized version
Access Your digitalized genetic data hosted on Your GenePlaza account;
Access Our Apps and the Apps of Our Commercial Partners, which purpose is to provide You with a variety of information based on Your digitalized genetic data hosted on GenePlaza;
Communicate, where appropriate, Your genetic data to Our Commercial Partners with whom you have contracted according to their own conditions of service (contractual terms and Privacy Policy);
Communicate, where appropriate, Your genetic data to Our Commercial Partners with whom you have contracted according to their own conditions of service (contractual terms and Privacy Policy);
Access information provided by Our Apps;
Access the information provided by the Apps of Our Commercial Partners hosted on GenePlaza;
Contribute, if You agree to this, to research in human genetics through sharing Your data with Our Scientific Partners;
Access any service, product, website, mobile app or software You will be provided by GenePlaza;
Receive general information about new apps and new offers from GenePlaza.

You understand that We may upgrade the Services at any time, to take account in particular of the progress of scientific research, new apps and technological developments, as well as the applicable law. We will make every effort to inform You of any significant change to our Services.

Your General commitments

You are at least 18 years old and represent that You are legally capable to contract and accept these General Conditions of Service.

DAs part of these General Conditions of Service, You act for personal purposes, excluding any professional or commercial purposes.

In accordance with these General Conditions of Service, You agree to provide information that is true, accurate and up-to-date.

Registration on GenePlaza

The registration request

Any registration request placed on GenePlaza follows different steps. Each step is then passed by clicking a confirmation button.

The registration process follows a logical and transparent series of steps that You can distinguish thanks to appropriate layout and graphics.

When You click on an icon in which the wording or presentation creates a commitment that any average internet user would understand, You are bound by Your click. Such is the case of icons entitled "Validation", "Confirmation" or icons having any other similar title.

The registration process allows the correction of errors, as well as the identification of languages in which the agreement can be made when multiple languages are available.

Validation of the registration

We reserve the right not to validate the registration request, particularly in the following cases:

In the case of a registration request from a minor under 18 years old;
If GenePlaza's Services are no longer available. We only offer Services which are available on GenePlaza. Our service offerings are valid as long as they are visible on GenePlaza.com. However, in the event of a registration request for GenePlaza Services, which for any reason whatsoever, are no longer available, We will inform You of this and cancel the registration request;
In case of breach of these General Conditions of Service committed by the person making the registration request, observed in previous uses of GenePlaza.

In such a case, the registration request is not validated and no obligation can result therefrom.

Conclusion of the agreement on Your registration

We are bound by Your registration from the date of sending an acknowledgement e-mail confirming Our acceptance of Your registration. The agreement between You and Us is deemed to be concluded on the date of sending this confirmation e-mail.

This confirmation e-mail lists the details of Your registration.

You agree to keep a copy of this e-mail confirmation, either by printing it out or by keeping it on a durable medium.

Validity and proof of Your registration

notwithstanding any other written evidence or any evidence stored on another durable medium to which You have access, it is agreed that the records stored in Our computer systems or those of Our subcontractors, will count as proof of communications, of the content of the registration and of their date.

Terms and conditions of access to GenePlaza's Services

Accessibility

To the extent possible, We strive to keep the Service available 24 hours a day, 7 days a week.

We reserve the right to discontinue, temporarily suspend or change without notice the access to all or part of GenePlaza's Services, in order to perform maintenance or upgrade or for any other reasons, including technical reasons, without such action resulting in any obligation or compensation.

Your GenePlaza account

Access to Your account is available to You after logging in with Your username and password, which You have freely determined during Your registration.

You remain solely responsible for the information stored in Your account. You may - at any time - add, modify or remove the information stored there.

You acknowledge that Your password is strictly personal and confidential. The use of Your username and password across the Internet is at your own risk. It is Your responsibility to take all the necessary steps to protect Your username and password against any damage. You agree to log out of Your account after each use. In this sense, We cannot be held responsible for any fraudulent access to Your account or any change made to Your account, except in case of gross negligence on Our part.

Your obligations

By accessing, visiting or using GenePlaza, You represent and warrant that You are responsible for any use made of GenePlaza by Yourself or by any person using Your identifying information, and that in case of a fault by You, even by negligence, You will be held liable.

Prohibition of illegal and illicit use

You are informed that all laws and regulations in force are applicable on the Internet.

You certify that you will not use GenePlaza for illegal purposes, purposes prohibited by law or by these General Conditions of Service.

Without this list being exhaustive, You must not:

Intercept or attempt to intercept any email or other private communication that is not addressed to You;
Use any mean that would result in limiting the peaceful use of GenePlaza by a third party;
Falsely represent Yourself as Our employee, representative or agent;
Use all or part of the data provided and collected on GenePlaza for any commercial purpose;
Use the information obtained from GenePlaza in order to abuse, harass or harm another person, or in order to contact, promote, solicit or sell any information regarding this person, without his/her prior express consent.

Depending on Your country of residence, You may also be subject to special regulations which You undertake to inform Yourself of and respect.

Reporting illegal activity on GenePlaza

You agree to notify Us immediately in case of fraudulent use of Your account by a third party.

If You believe in good faith that a Content posted on GenePlaza by another User infringes any intellectual property rights that You hold or infringes any of Your rights whatsoever as recognised by Belgian law, You agree to notify it to Us as soon as possible.

We will endeavour to take all the measures We deem appropriate in order to stop the illegal activity thus reported. We will inform You of any measure taken in a timely manner.

Ordering Our Paid services (the provision of a digitalized version of Your genetic data and/or the provision of Our paid Apps)

In this article, the term "App", in both the singular and the plural, refers only to Our Apps, excluding the Apps of Our Commercial Partners, whose order and supply are covered by the Article entitled “Ordering the Apps of Our Commercial Partners”.

Offer and price

Our Paid services are described in good faith and as accurately as possible.

Offers and prices are quoted in euros and are valid only at the time of placing the order. They can be changed at any time without notice.

Only the price displayed on GenePlaza shall prevail between the Contracting Parties. The prices quoted at the end of the ordering process indicate the total price including all taxes (Belgium), as well as shipping costs and any other costs.

However, due to the large volume of data on GenePlaza, it is possible that some of the information may be inaccurate, and if the price quoted is clearly wrong, You cannot expect to close the sale at this incorrect price.

Process of placing the order

Placing the order

Any order placed on GenePlaza follows different steps. Each step is then passed by clicking a confirmation button.

The ordering process follows a logical and transparent series of steps that You can distinguish thanks to appropriate layout and graphics.

The ordering process allows the correction of errors, as well as the identification of languages in which the agreement can be made when multiple languages are available.

The ordering process enables easily understanding the accepted payment methods, shipping methods offered and the corresponding costs.

Validation of the order by Us

We reserve the right not to validate the order, particularly in the following cases:

In case of Paid services not being made available : We only offer Paid services on GenePlaza which are available. Our Paid services offerings and pricing are valid as long as they are visible on GenePlaza. However, if an a Paid service is ordered which, for any reason whatsoever, is no longer available, We will inform You of this and cancel the order for the unavailable Paid service;
When the issuer of the credit card that You have used refuses validation of payment, or in the case of fraud or reasonable suspicion of fraud;
In case of abuse of the right of withdrawal by You, which is hereby acknowledged to You, during several previous orders;

In such a case, the order is neither validated nor concluded. The amounts, if any, paid by You, will be fully refunded to You and the order and all the obligations arising for Us are thus cancelled.

Sending of a confirmation e-mail and conclusion of the Service contract

We are bound by the order that You place from the date of sending an acknowledgement e-mail confirming that We agree to process it. The Service contract is deemed to be concluded on the date of sending this confirmation e-mail.

This confirmation e-mail lists the details of the order.

You agree to keep a copy of this confirmation e-mail, either by printing it out or by keeping it on a durable medium

Validity and proof of the order

Notwithstanding any other written evidence or any evidence stored on another durable medium to which You have access, it is agreed that the records stored in Our computer systems or those, if any, of Our subcontractors, will count as proof of communications, of the content of the orders, of their date and of the payments occurred between the Contracting Parties.

Provision of the Paid services

Provision of the Paid service ordered

As soon as the confirmation e-mail for the order is sent, in accordance with these General conditions of service, We commit to supply the Paid service ordered as soon as possible in accordance with the modalities that will be specified when You place Your order.

Right of withdrawal

The immediate performance of the Service contract and the loss of the right of withdrawal

During the Paid service ordering process, You are asked if You agree to the immediate performance of the Service contract...

By ticking the corresponding box, You consent to the immediate performance of the Service contract, that allows You to be provided, depending of the case considered, immediately or sooner, with the Paid service ordered.

You acknowledge that You thereby lose Your right to withdraw from the Service contract.

The right of withdrawal for the order of the Paid service

i. In case You did not agree to the immediate performance of the Service contract pursuant to the last paragraphs, You have the right to withdraw from Your order of the Paid service processed on GenePlaza. You have a period of fourteen (14) days to exercise Your right of withdrawal as from the conclusion of the Service contract.

To exercise Your right of withdrawal, You must send Us - within the above-stated period - an unequivocal statement expressing Your willingness to withdraw from the order, to the following address: Veeartsenstraat 49 1901, B-1070 Brussels, Belgium. For the withdrawal period to be respected, You simply need to send Your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

ii. If applicable, You agree to return the GenePlaza Kit to Us at the address We will give You, immediately or no later than within fourteen (14) days of the communication of Your willingness to withdraw. This deadline is deemed to have been met if You have sent the GenePlaza Kit before the expiry of the period of fourteen (14) days.

You must bear the direct costs of returning the GenePlaza Kit.

iii. If You withdraw from the Service contract, We will give You a refund for all the payments received from You, including the shipping costs for the sending of the GenePlaza Kit (except for the additional costs arising from the fact that You have chosen, if applicable, a type of delivery other than the least expensive type of standard delivery that We offer) without undue delay and, in any event, no later than fourteen (14) days from the day on which We are informed of Your decision to withdraw. We will proceed with the refund using the same method of payment as You used for the initial transaction, unless We expressly agree on a different method with You. In any event, this refund will not incur any fees for You.

iv. If applicable, You may be held liable for any depreciation of the GenePlaza Kit other than that necessary to establish the nature, characteristics or proper use of the GenePlaza Kit. It is expressly agreed between the Contracting Parties, that the fact of having unsealed the GenePlaza Kit, having modified it or having damaged it, is still considered a depreciation other than that necessary to establish the nature, characteristics or the proper use of the GenePlaza Kit.

GenePlaza's liability with regard to the Paid services ordered

General principles

You are informed that Our liability, whatever the nature of the damage, shall, in any event, be limited to the amount of the order, excluding shipping and VAT.

We reserve the right to refuse an order, without incurring any liability as a result of such refusal. Such refusal may be due - for example, without this list being exhaustive - to providing manifestly incorrect data, non-payment or refusal of authorisation by Your financial institution, etc.

You are informed that Our Paid services are in compliance with Belgian law in force. We may not be held liable in case of non-compliance with the regulations of the country where the Paid Services are provided.

In case of non-performance, We may not be held liable if the non-performance of the Service contract, or its improper performance is attributable to You or to an unforeseeable and insurmountable event, a third party unconnected with the provision, or, finally, to a case of force majeure.

If applicable, sometimes the saliva collected through the GenePlaza Kit does not contain enough DNA to allow a proper sequencing, or the results obtained through Your use of the GenePlaza Kit, in line with Our instructions, do not meet Our standards, and as a result does not allow Us to provide You with an accurate digitalized version of Your genetic data. In such a case, we Will agree with You to either return a GenePlaza Kit free of charge, up to a limit of one time, or to terminate Your Service contract dealing with the provision of a digitalized version of Your genetic data. Under no circumstances can Our liability be engaged in such a case.

Ordering the Apps of Our Commercial Partners

In addition to our Apps, We also host a panel of Apps from our Commercial Partners on GenePlaza, to which We offer You access in accordance with the specific contractual conditions of our Commercial Partners.

We are committed to providing You with a maximum amount of information about the Apps from our Commercial Partners hosted on GenePlaza. We make every effort to obtain accurate, complete and up-to-date information from our Commercial Partners about their Apps and present them to You on GenePlaza. However, in any case, Our liability cannot be engaged in case of incorrect, inaccurate or incomplete information regarding the Apps of Our Commercial Partners provided on GenePlaza.

With regard to the Apps of Our Commercial Partners, Our Services are limited to linking You and Our Commercial Partners and Our role is limited to presenting the Apps of Our Commercial Partners to You.

You understand that at no time are We a contracting party to the supply agreement for the Apps from our Commercial Partners which You may have ordered. The order is made directly on the Apps of Our Commercial Partners according to their own contractual conditions and Privacy Policy. The order of Apps from Our Commercial Partners is therefore under no circumstances subject to these General Conditions of Service and Our contractual liability cannot be engaged with regard to the conclusion and performance of a supply agreement for the Apps from our Commercial Partners. Any information that will be provided by the Apps of Our Commercial Partners, in performing the services they offer through their Apps, is the responsibility of Our Commercial Partners and is, under no circumstances, Our responsibility.

Consequently We invite You, before ordering any of the Apps from Our Commercial Partners presented on GenePlaza, to carefully read the contractual conditions and Privacy Policy of Our Commercial Partners in question.

The limits of Our responsibility with regard to Our Services

General points

GenePlaza and its Services are provided on an "as is" basis without any express or implied guarantee as to the conditions of their use and/or their availability.

You understand that the Services are provided according to the state of art in genetic research and technology available on the day of the provision of the Services.

Quality of the information and Content

We are only bound by an obligation of means. We bear no obligation of result of any kind whatsoever regarding the quality of the information and Content available on GenePlaza.

In general, We do not guarantee the completeness, comprehensiveness, accuracy, legitimacy, reliability or availability of the information Content and Services that We offer. We will put all the available resources in place in order to offer You quality Content, but under no circumstances can We accept any liability for any consequence whatsoever, resulting in particular from the use of Our Services by You or other GenePlaza Users or resulting from the information delivered via Our Services, subject to any mandatory legal and regulatory provision to the contrary.

The information that We provide to You through Our Services is provided solely for information purposes, for educational purposes, or, where appropriate, for research purposes. In any case, the information provided by Our Services may not be regarded information of a medical nature, medical advice or a medical consultation, nor can it replace a consultation with a healthcare professional.

Security/access

We reasonably and diligently strive to maintain the security and operational integrity of GenePlaza by adopting security measures appropriate to the nature of the data and the risks posed by Our activities. However, many factors beyond Our control may interfere with the functioning of GenePlaza.

Therefore, unless mandatory legal or regulatory provisions state the contrary:

Our liability cannot be engaged in case of an interruption of access to GenePlaza and the consequences that may arise therefrom;
We cannot be held liable for any damages (direct or indirect) or for a temporary or permanent incident that may be caused to Your data or hardware when You access GenePlaza or when visiting Your account or, in general, when downloading onto Your device the files and software that make up GenePlaza. In particular, We are not responsible for any viruses that may be transmitted through GenePlaza.
We are not responsible for the fraudulent use of Our distribution resources and disclaim any liability in case of intrusion into Our computer systems and data theft, it being understood that We implement all the appropriate means to prevent such illegal intrusions.

Updates

Despite efforts to ensure the accuracy of the information and/or documents on GenePlaza, and subject to any mandatory legal provisions to the contrary, We disclaim all liability of any kind whatsoever, for any inaccuracies or failure to update information and/or a document present on GenePlaza.

Damage

Within the established legal limits, We shall not be liable for damage suffered by You related to a case of force majeure or in connection with any moral or image damage or any commercial loss, loss of customers, loss of brand image, commercial problem or any other special, incidental or consequential damage arising out of or in connection with GenePlaza or these General Conditions of Service.

In general, Our liability cannot be engaged in case of use of the Services that is not in compliance with these General Conditions of Service.

Your responsibility

Use of the GenePlaza Kit

You can only use the GenePlaza Kit strictly for personal purposes. Under no circumstances may You use the GenePlaza Kit to obtain information about a third party. In no way can Our liability be engaged in case of use of the GenePlaza Kit that is not in compliance with this paragraph.

You agree to use the GenePlaza Kit by carefully following the instructions that will be provided to You in the GenePlaza Kit. You understand that the use of the GenePlaza Kit that is not in compliance with the instructions thus provided will have an impact on all of the data that will then be processed on GenePlaza based on this GenePlaza Kit. This data must be considered inaccurate. In no way can Our liability be engaged in case of use of the GenePlaza Kit that is not in compliance with the instructions provided in the GenePlaza Kit.

The information provided by the Services

You understand that our Services may provide You with certain information that could have a significant impact on your life (such as information about your ancestors) and lead to considerable strong emotions. You accept this risk.

You agree not to take any decision regarding your health, solely based on the information that You might receive through the Services. If You do, Our liability shall in no case be engaged and You will do so under Your full and exclusive responsibility.

You can share Your genetic data, along with the information that We have provided to You through Our services, to third parties. However, such sharing is under Your entire responsibility. Our liability in connection with such sharing may in no case be engaged.

Your Content

By publishing information, Content, comments or reactions on GenePlaza, You are making Your contribution to the functioning of GenePlaza.

In order for this functioning to run smoothly and GenePlaza to be effective, You agree to comply with all of these General Conditions of Service, as well as the applicable legal and regulatory provisions.

You also agree to have all of the rights needed to publish Content as part of using GenePlaza. Otherwise, You engage Your liability.

The information that You provide, configure, modify and control is under Your entire responsibility.

Public communication

You are aware that everything that You post via GenePlaza's interactive services will be public and will engage Your sole and exclusive liability.

You therefore acknowledge that You are responsible for Content posted on GenePlaza by You or through Your account, for all consequences which may arise from Your contributions, any breach of Your obligations under the applicable legal provisions or pursuant to these General Conditions of Service and for all consequences of such a breach.

When You post Content containing personal data, You are its data controller and assume all the responsibility of the data controller in accordance with the law of 8 December 1992 concerning the protection of privacy with regard to the processing of personal data.

Content provided

The Content that You provide on GenePlaza may not, without this list being exhaustive:

harm GenePlaza's image or not comply with the Belgian and European legislation in force;
be false, inaccurate or misleading (it should, as far as possible, be genuine and verified);
be defamatory, unlawfully threatening or harassing;
be obscene (pornography, paedophilia), contrary to public order and good morals;
include attacks or insinuations based on race, religious beliefs or lack thereof, ethnic origin, gender or sexual orientation;
form, without the following list being limiting, incitements to commit crimes and offences; incite discrimination, hatred, violence or suicide because of race, ethnicity and nationality; false information; rumours; undermine the authority of justice; information relating to adoption, trials, suicide or an individual tax situation; defamation and insults; an invasion of privacy; or acts endangering minors, particularly by the manufacture, transport and distribution of messages of a violent or pornographic nature or likely to seriously undermine human dignity;
transmit any unsolicited or unauthorised promotional messages (including indulging in spam, sending junk mail, chain letters or any other form of solicitation);
contain viruses, Trojan horses or any other computer program which aim is to damage, intercept or expropriate the system, data or personal information;
infringe the rights of third parties such as intellectual rights and the right to protect their privacy and personal data.

Therefore, You must ensure that all information and/or documents from third parties included in the Content that You provide, are used with the prior express consent of the relevant third party.

When You post Content protected by intellectual property on GenePlaza (photos, text, drawings, etc.), You agree to check that the rights holder consents to this beforehand. In addition, when the Content posted online on GenePlaza is a photograph of an identified or identifiable person, You agree to check that the person has agreed to this beforehand, even if You are also the author of said photograph.

Compensation

You guarantee Us and will compensate Us for any complaints and/or proceedings brought by a third party, regardless of the form and nature, which could be directly or indirectly connected to the information provided and other Content distributed by You on GenePlaza, or which could have its cause in Your use of GenePlaza and which would be contrary to these General Conditions of Service.

As such, You will bear the cost of all the damages which We could be ordered to pay, as well as the court costs and fees that We could be exposed to. We promise to inform You of any such legal action as soon as possible.

We reserve the right, at Our choice and Our expense, to participate in defending and/or amicably settling a complaint or assuming alone the defense and control of the proceedings, without releasing You of Your obligation to pay damages. Under no circumstances may You accept an amicable solution that could undermine Our responsibility, or burden Us with any obligation whatsoever, without Our prior consent.

Disclosure/Withdrawal/Modification of content

Within the applicable legal limits, We may need to disclose any GenePlaza Content or data, in order to comply with the laws in force or if, in good faith, We believe that such measures are necessary, particularly in the context of legal proceedings, to ensure compliance with the General Conditions of Service, respond to complaints and/or claims regarding the violation of third party rights, protect Our rights or interests, those of Our users or the public.

We reserve the right, at Our sole discretion or following a report made by a GenePlaza user in accordance with these General Conditions of Service, to modify or withdraw, without prior notice, information provided by You which is considered to be harmful, inaccurate, misleading, inadequate or not in accordance with the provisions of these General Conditions of Service, the Privacy Policy or the laws in force.

Hyperlinks to other services

GenePlaza may link to other services (websites, apps, etc.) over which We have no technical control or control of the content. The existence of a hyperlink to another service does not constitute an endorsement by Us of this service or its content.

Therefore, We cannot provide any guarantee as to the completeness or accuracy of the content of these third-party services, any more than with regard to their availability.

We disclaim any liability for direct or indirect damage caused as a result of visiting or using the web services to which GenePlaza refers or due to consulting any information posted on these services. We also disclaim any liability for the processing of personal data on these services.

We invite You to read the terms and conditions and privacy policies of those third party web services.

Intellectual property

Our intellectual property

We only grant You a free, personal, non-exclusive and non-transferable right to access and use GenePlaza, conditioned by compliance with these General Conditions of Service.

You are thus authorised to use the Content and Services of GenePlaza for Your personal information, as a source of information or data collection.

GenePlaza (considered as an indivisible whole) and the various elements appearing on GenePlaza (such as text, photographs, catalogues, layouts, trademarks, logos, illustrations, specific software and videos) are protected by the intellectual property rights owned by GenePlaza or its licensors. Where required, they have been subject to an authorisation of publication, distribution or right of use acquired from these third parties.

The logo, name of the products, services or company names mentioned on GenePlaza may constitute trademarks, trade names, or company names of their respective owners. You expressly undertake to respect these intellectual property rights.

Subject to the exceptions provided by law, and without this list being exhaustive, You shall refrain from: modifying, copying, distributing, transmitting, broadcasting, publishing, granting under license, transferring, selling, reproducing or having reproduced any or part of the information, software, products or services obtained from GenePlaza, temporarily or permanently, by any method, known or unknown, in any medium, without the prior written consent of GenePlaza. Failure to comply with this prohibition constitutes an infringement for which the offending party may be held liable for civil and criminal penalties.

Hyperlinks to GenePlaza are tolerated, provided they refer to the home page and are not accompanied by any denigrating or defamatory remarks with regard to GenePlaza.

Intellectual property on Your Content

For content protected by any intellectual property rights that You may hold, You grant Us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, translate, distribute, adapt and communicate such Content posted on GenePlaza for the exclusive purposes of GenePlaza's proper administration, including in particular purposes of moderating GenePlaza and managing flows. This license will apply for the entire legal duration of the intellectual property rights.

For contributions (comments, photographs, etc.), this license will allow Us to modify or withdraw them when this is necessary in the context of GenePlaza's administration.

Processing of personal data

Concerning the processing of your personal data that We carry out, We refer You to the Privacy Policy https://www.geneplaza.com/privacy.

Deletion of the Account

You can delete Your account at any time and You acknowledge that deleting Your account terminates all of Our contractual relations with You related to the Services, including these General Conditions of Service.

We may delete Your account on Our own initiative, which would result in the termination of all of Our contractual relations with You, including these General Conditions of Service, particularly in the following cases, with this list not being exhaustive:

This deletion on Our initiative will be a result of Your account not being used for a given period;
This deletion on Our initiative is a temporary or permanent measure taken by Us against a suspicious account, for example when We have reason to believe that You are not observing these General Conditions of Service;
This deletion on Our initiative may be the result of a request from a third party alleging a violation of its rights, or from a competent authority;
This deletion on Our initiative may be the result of the occurrence of bankruptcy on the part of GenePlaza or modifications to Our commercial activities.

To the extent possible, We will give You prior notice of Our decision to delete Your account and give you a reasonable notice.

You may not claim any compensation as a result of the deletion of Your Account.

After the deletion of Your account, We will keep your data and content that You have posted on GenePlaza for as long as the technical operations to delete the account require, and in any case, within the limits and obligations imposed by the applicable laws. At your request, We will send You the personal data about You that You have provided us in a structured, commonly used and machine-readable format.

Secure payment, archiving of the contract and the protection of data

GenePlaza is protected by an SSL encryption data security system.

We archive the contracts concluded via GenePlaza. You can access the archived contracts in which You were one of the Contracting Parties by sending a request by e-mail to help@geneplaza.com or by sending a letter to GenePlaza B.V.B.A. Veeartsenstraat 49 1901, B-1070 Brussels, Belgium, providing clear identification of the relevant contract.

These archived contracts are not made available to third parties under any circumstances.

Final Clauses

Modifications to these General Conditions of Service

We may modify these General Conditions of Service at any time depending on changes made to GenePlaza, changes in laws, or for any other legitimate reason.

Except for modifications that are only editorial changes, We will inform You of any modifications that will be made to these General Conditions of Service, as well as the date on which these modifications will take effect.

You will have a reasonable time after receiving this information to, if You do not agree to the modifications made, terminate all contractual terms with Us, which will involve the deletion of Your GenePlaza account. On the other hand, if there is no termination within the time allowed, you will be deemed to have accepted said modifications.

In the particular case of needing to adapt GenePlaza to changes in the law, We will make every effort to make these modifications as soon as possible. During this period, You acknowledge that We cannot be held liable for temporary non-conformities.

The version of these General Conditions of Service enforceable against You is available at all times on GenePlaza.

Agreement in relation to Proof

We can proceed to exchange any information needed for GenePlaza with You using electronic means. Any electronic communication between You and Us is presumed to have the same probative force as a communication written on paper. The use of Your identifying information allows Us to consider that it is You who is using GenePlaza.

A printed version of these General Conditions of Service and any warning issued in electronic form will be admissible in any judicial or administrative proceedings related to this contractual relationship, in the same way and under the same conditions as other business documents and records created and saved in printed form.

Divisibility

If a clause in these General Conditions of Service should be declared null, invalid, illegal or unenforceable under applicable law, in whole or in part, such a situation shall not affect the validity of the remaining clauses, subject to the invalidity of an essential clause or the interdependence of the contractual stipulations. The null, invalid, illegal or unenforceable clause shall be replaced retroactively by a valid, enforceable clause which reads as close as possible to that of the original clause. The replacement of the clause thus cancelled shall respect the conditions for modifications to these General Conditions of Service as specified in the “Modifications to these General Conditions of Service” Article

Force majeure

Notwithstanding any provision to the contrary, neither Contracting Party shall be liable for any delay in performing or for the failure to perform its obligations resulting from events of force majeure (such as strike, war, earthquake, disaster of any kind, direct or indirect effects of explosion, fire, release of heat, flood and other events of force majeure which are external, unforeseeable and unavoidable, such as this concept is defined in Belgian law).

Relationships

These General Conditions of Service shall in no way be considered a partnership, a joint venture or any other association between You and Us, and neither of the Contracting Parties to these General Conditions of Service may be considered the agent or employee of the other. The relationship that We maintain with You is that of an independent contractor.

Notification

Any communication or notification that We send to You shall be valid if it is sent to the email address You have provided, even if it is no longer valid.

Complaints and alternative dispute resolution

You can contact Us for any complaints regarding GenePlaza or these General Conditions of Service at the following address: GenePlaza B.V.B.A. Veeartsenstraat 49 1901, B-1070 Brussels, Belgium.

In case of a dispute regarding GenePlaza or these General Conditions of Service, please contact Us as a priority before taking any other measures so that We can, to the extent possible, reach an amicable solution with You.

If an amicable solution cannot be found without using a third party, You can contact the Ombudsman Service for consumers, for which you will find full contact details on the dedicated Federal Public Service Economy website at the following link.

You also have the opportunity to contact the European platform for the online settlement of disputes at the following link: http://ec.europa.eu/consumers/odr.

Applicable law and jurisdiction

These General Conditions of Service are governed by and interpreted in accordance with Belgian law

Any dispute concerning the use of GenePlaza and the validity, interpretation, performance or non-performance of these General Conditions of Service shall be referred to the exclusive jurisdiction of the Belgian courts, and this applies to any type of procedure.

The choice of Belgian law and the competent Belgian courts, thus stipulated, is without prejudice to the application to You of the mandatory provisions of the law of the European Union Member State in which You reside if these prove to offer You more protection than the Belgian provisions, or the jurisdiction of another court which would be appointed by the applicable European Union law.