Legal Disclaimer
GENERAL TERMS AND CONDITIONS
Last Update: 10.10.2024
AveGeneTM genomic solutions (with its subsidiaries, “AVEGENE,” “we,” or “us”) and our website at www.avegene.com or, our “Site“.
Your access and/or use of AVEGENE's products, services and our website and all information are subject to these legally binding Terms of Service ("Terms") and all applicable laws, statutes, and/or regulations ("Applicable Laws"). The information available on our website is intended for educational and general purposes and is governed by these Terms. These Terms may be revised by AVEGENE by updating this posting from time to time. It is your responsibility to evaluate these Terms for updates, as they will be legally binding on you regardless of whether we provide you with any other notice of such updates. The effective date of the Terms that are presently in effect will be specified at the commencement of the posting. The use of our Site (and all information) by you after such notice shall be considered acceptance of the changes, revisions, or modifications. Specific audiences, such as consumers, prospective employees, members of the health care community, and the general public, are targeted by specific sections of our website.
In order to access and/or utilise our Site, you must be at least eighteen (18) years of age. The Terms are subject to your comprehensive personal acceptance, and upon acceptance, they establish a legally binding contract between us. If you do not fully acknowledge these Terms, you are prohibited from accessing, using, or continuing to use our Site, products and/or services. By accessing or using our Site, you acknowledge your adoption of these terms and your representation that you are at least eighteen (18) years of age or older.
Your use of, Products and Services provided by AVEGENE and Avegene’s partners is a subject to additional terms (“Informed Consent”) which will be presented to you for your acceptance before purchasing the product or a service.
1. Privacy (GDPR)
Please attentively review the AVEGENE Privacy Policy for information regarding the collection, use, storage, and disclosure of your personal information. This reference incorporates the AVEGENE Privacy Policy into and renders it a component of these Terms. The Privacy Policy is compliant and required by Regulation (EU) No 536/2014 and (EU) 2016/679 of the European Parliament and of the Council. The DGPR and Data Protection Agreement can be found here
2. Limitation of Liability and Disclaimer of Warranties
AVEGENE MAINTAINS OUR SITE AS A SERVICE TO THE PUBLIC INTERNET COMMUNITY. OUR SITE IS DESIGNED TO PROVIDE GENERAL INFORMATION ABOUT THE SUBJECT MATTER PRESENTED AND PARTICULARLY TO PROVIDE GENERAL KNOWLEDGE TO THE LAYMAN’S AUDIENCE.
AVEGENE DOES NOT PROVIDE PATIENT DIAGNOSTICS UNDER ANY CIRCUMSTANCES. Diagnostics necessitates a thorough understanding of the patient's physical condition, which can only be delivered by a medical doctor following a comprehensive evaluation of the patient. INSTEAD, AVEGENE PROVIDES INFORMATION ABOUT BIOLOGICAL FINDINGS ON A MOLECULAR LEVEL (USING THE NEXT GENERATION SEQUENCING) AND WE DO INTERPRET THE FINDINGS ACCORDING TO GENERALLY RECOGNIZED STANDARDS AND RELEASED findings of ACME and ESMO.
The objective of AveGene screening program – products and services - is to provide the patient's Medical Doctor with an additional information that may facilitate a prompt evaluation of the patient's physical condition. The AveGene products and services shall not serve as the sole source of information for any diagnostics.
3. No Patient or Client Relationship; No Medical Advice
Our Site is not designed to provide medical advice, nor does it offer guidance on the proper use of any AVEGENE product. The utilisation of our Site does not establish a patient or client relationship between you and AVEGENE. The content available on our Site should not be interpreted or construed as a replacement or substitute for medical advice from your doctor or healthcare provider. IT IS IMPORTANT NOT TO DISREGARD, AVOID, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT FROM YOUR DOCTOR OR HEALTHCARE PROVIDER BASED ON ANY INFORMATION PRESENTED ON OUR SITE. IT IS IMPERATIVE THAT YOU DO NOT MODIFY YOUR CURRENT MEDICAL TREATMENT, MEDICATION REGIMEN, OR ANY RELATED HEALTHCARE ACTIVITIES BASED ON THE INFORMATION AVAILABLE ON OUR SITE. IT IS ESSENTIAL TO ENGAGE IN A DISCUSSION REGARDING YOUR TREATMENT OPTIONS AND ANY ENQUIRIES YOU MAY HAVE WITH YOUR DOCTOR OR HEALTHCARE PROVIDER. FOR URGENT CARE NEEDS, PLEASE REACH OUT TO YOUR LOCAL EMERGENCY SERVICES WITHOUT DELAY. The Site may include information related to research studies, clinical trials, and clinical treatments. This document serves solely for informational purposes and should not be interpreted as an endorsement of any study, trial, or treatment by AVEGENE. AVEGENE does not take responsibility for notifying users about any studies, trials, or treatments and does not guarantee the completeness or accuracy of such information. Each user is responsible for requesting their doctor to reach out to the relevant investigators and explore participation in a study, trial, or treatment.
AVEGENE will not assume responsibility for any actions taken based on the information provided on our site. AVEGENE DISCLAIMS ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE, PRODUCTS OR SERVICES. THIS APPLIES EVEN IF AVEGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SITE, THE INABILITY TO USE OUR WEBSITES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE.
4. Revision
AVEGENE retains the authority to modify, suspend, or discontinue our Site, in whole or in part, at any time, with or without prior notice to you. You acknowledge that AVEGENE shall not be held responsible to you or any third party for any changes, interruptions, or termination of our Site or any portion thereof.
5. Intellectual Property: Copyrights and Trademarks
The AVEGENE brand name and logo, along with all product names, are trademarks of AVEGENA A.G. and its subsidiaries, affiliates, related companies, or licensors or joint venture partners, unless otherwise specified, regardless of their presentation in large print or with a trademark symbol. The use, reproduction, copying, or redistribution of these trademarks without the written permission of AVEGENE is strictly prohibited. These Terms, as well as your access to our Site, do not confer upon you or any third party any rights, title, or interest in or to the intellectual property rights, except for the limited access rights explicitly outlined below. AVEGENE, along with its suppliers, vendors, and other agents, retains all rights not explicitly granted in these Terms. No implied licenses are granted under these Terms.The complete content of our Site, encompassing all images, text graphics, videos, and other data, whether developed or acquired by our organisation, is safeguarded by copyright. In exchange for your acceptance of these Terms, AVEGENE provides you with a personal, non-exclusive, non-transferable license to access and utilise our Site. Downloading material from our Site is permitted solely for personal, non-commercial use. The content on our Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited, except as explicitly stated herein, without the express written permission of AVEGENE. AVEGENE is committed to upholding its intellectual property rights to the maximum extent allowed by law. AVEGENE strictly prohibits the use or misuse of these trademarks, copyrights, or other materials, except as permitted herein. Any such use or misuse may infringe upon copyright law, trademark law, communications regulations and statutes, and other applicable laws.
6. Restrictions on Use
You acknowledge that you will not: (i) sell, lease, license, or sublicense our Site or any content available through our Site; (ii) decompile, disassemble, or reverse engineer our Site, in whole or in part; (iii) create or develop any derivative work based on our Site or any other content accessible through our Site; (iv) utilise our Site in violation of any applicable laws or these Terms; (v) use our Site for purposes of competitive analysis of our Site, the development of competing products or services, spamming or to promote or facilitate disruptive commercial messages or advertisements, or any other purpose that is to the commercial disadvantage of AVEGENE; (vi) retrieve, index, scrape, harvest, data mine, or otherwise systematically gather or store content of our Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vii) send or otherwise transmit to or through our Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, offensive, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to our Site or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials; (viii) attempt to gain unauthorised access to any part of our Site or any server, computer, or database connected to our Site; (ix) use our Site in any manner that may encourage, procure, or facilitate any criminal activity; (x) use our Site to transmit any malware, spyware, viruses, worms, defects, Trojan horses, or any other malicious or harmful code; or (xi) copy, reproduce, distribute, republish, download, display, post, or transmit any part of our Site in any form or by any means, except as expressly permitted herein. Any future release, update, or other addition to the functionality of our Site shall be subject to these Terms, unless otherwise indicated. All copyright and other proprietary notices on our Site, or on any content displayed on our Site, must be preserved on all copies thereof.
7. Your Content
You recognise and accept that all information, materials, comments, and any other content that you upload, post, or transmit through or to our Site, including the e-shop section and patient zone section (“Information”), is your exclusive responsibility. You acknowledge that: (1) your Information is accurate, complete, and does not infringe on the rights of others, and you will promptly update or correct any Information upon discovering errors or inaccuracies, providing us with reasonable assistance to identify and address any unauthorised use of Information; (2) you have chosen to transmit or upload material to our Site at your discretion and are solely responsible for any claims or allegations related to the Information transmitted or uploaded; (3) we may, at our discretion and without prior notice, remove, cause to be removed, or decline to display any Information on our Site; and (4) we are not obligated to monitor or censor Information on our Site, although we reserve the right to do so.
By transmitting or uploading any Information on our Site, you grant AVEGENE a perpetual, royalty-free, transferable license to use the Information in any manner and across any media, including the right to modify and adapt the Information, free of charge and on a non-exclusive basis. You guarantee that any information transmitted through or uploaded to our Site adheres to these Terms, and you will be responsible to AVEGENE for any loss or damage incurred as a result of a breach of this guarantee. To the maximum extent allowed by applicable laws, AVEGENE disclaims any responsibility for any information. If you become aware of any information that violates or may potentially violate the Terms, please inform us by emailing info@avegene.com. We maintain the right to reveal your identity to any party asserting that information transmitted or uploaded by you to our Site infringes upon their intellectual property rights or their right to privacy.
8. Third Party Websites and Other Applications of any kind
Our site may contain hyperlinks to 3rd party websites, plug-ins, and applications that are maintained or controlled by third parties. AVEGENE does not accept any responsibility for, nor does it routinely screen, approve, review, or endorse the content or use of any products or services that may be available through these websites, plug-ins, and applications. AVEGENE offers tools that allow users to export information to third-party services, including through our integration of third-party interfaces (such as “like” or “share” buttons for exporting information to social media platforms). To the fullest extent allowed by applicable laws, by utilising one of these tools, you acknowledge and consent to our transfer of your information to the relevant third-party service. By accessing third-party services, you agree to adhere to the terms and conditions set forth by the service operator. We do not have control over third-party services, and we disclaim any responsibility for the use of your exported information by such services. If you prefer not to export your information, please refrain from utilising the third-party interface or service. The third-party service may include links to external websites. We do not have control over linked third-party websites and therefore disclaim any responsibility for their content.
9. ApplicableLaw
The utilisation of our site, products, and services is regulated by Swiss law, which will be applicable to any disputes that may arise from or relate to these Terms and Conditions.
10. Third Party Beneficiaries
These Terms do not intend to confer any rights, remedies, or benefits to any third party. AVEGENE reserves the right to assign its rights and obligations under the Terms to another organisation, particularly certain examinations are to be submitted to other ISO15189 accredited partner laboratories. Transferring your rights or obligations under the Terms to another individual is permissible only with our prior written consent.
11. Termination
The Terms and Conditions remain in effect until terminated by either you or AVEGENE.
You have the right to terminate the Terms at any time, as long as you cease any further use of our Site, Products, and Services.
GDPR termination must be notified in writing.
Informed consent for termination or alteration must also be provided in writing. Remember that each Product and Service is a subject of an individual case approval and must also be as an individual case cancelled. We reserve the right to terminate the Terms at our discretion at any time, with immediate effect and without prior notice, which may result in the denial of your access to our Site. AVEGENE shall not be held liable for any
12. Electronic Communications
All communications between you and AVEGENE occur through electronic means, including interactions on our Site, emails you send, notices posted by AVEGENE on our Site, or communications sent to you via email. For contractual purposes, you (a) consent to receive communications from AVEGENE in an electronic format; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided by AVEGENE electronically fulfil any legal requirements that would apply if such communications were delivered in a physical format. The above does not impact your non-waivable rights.
13. Entire Terms
This document represents the complete agreement between you and us concerning the use of our Site, Products, and Services. The failure to exercise or enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. The titles of the sections in these Terms are intended solely for convenience and do not carry any legal or contractual significance. The term "including" signifies "including without limitation." Neither party acts as an agent or partner of the other. The Terms outlined herein, along with your rights and obligations, cannot be assigned, subcontracted, delegated, or otherwise transferred by you without prior written consent from AVEGENE. Any attempt to assign, subcontract, delegate, or transfer in violation of this provision will be considered null and void. AVEGENE reserves the right to assign these Terms at its discretion. The provisions outlined in these Terms shall be obligatory for assignees.
14. Contact Information
AveGene AG
Oberer Gansbach 1
Appenzell Innnerhoden
Switzerland, CH-9050
info@avegene.com