General Terms and Conditions iGene Products

iGene Products B.V.

 

These general terms and conditions apply to all services and products of iGene Products B.V. The terms are divided into three parts:

Part I – General provisions: applicable to all customers.

Part II – Additional provisions for consumers: applicable exclusively to consumers.

Part III – Additional provisions for business customers and healthcare customers: applicable exclusively to business customers and healthcare customers.

 

PART I – GENERAL PROVISIONS

Article 1. Definitions

In these general terms and conditions, the following definitions apply:

 

1. General terms and conditions: these general terms and conditions.

 

2. iGene: iGene Products B.V., registered with the Chamber of Commerce under number 63823764, established at Oude Haven 102, 6511 XH Nijmegen, provider of a genetic information service based on DNA self-tests.

 

3. Customer: the counterparty of iGene that concludes an agreement. The customer may be: (a) a consumer: a natural person not acting in the exercise of a profession or business; (b) a business customer: a legal entity or natural person acting in the exercise of a profession or business; (c) a healthcare customer: a healthcare institution, pharmacist, physician or other healthcare professional that purchases iGene's services on behalf of patients or clients. Referred to in these terms as "he", but applicable to all genders. The customer is a legal entity or a person aged eighteen (18) years or older.

 

4. User: any person making use of iGene's services, regardless of whether that person has purchased the iGene test themselves.

 

5. Services/service provision: all services, products, web and/or mobile applications or software to be delivered or made available by iGene to the customer in connection with the iGene tests and related services.

 

6. iGene test: the genetic test forming part of iGene's service provision.

 

7. iGene kit: the package that can be ordered, enabling the customer or user to collect DNA using saliva or cheek swab.

 

8. iGene application: the programme that can be used on a mobile phone, tablet or PC to consult the results and reports of the iGene test.

 

9. iGene report: all information, insights and/or recommendations made available in the iGene application or otherwise as a result of the iGene test, including information on personal characteristics, lifestyle advice, medication sensitivity and genetic predisposition.

 

10. Genetic data: the profile of the customer or user derived from DNA material, including SNPs (single-nucleotide polymorphisms) and derived analyses.

 

11. Software: the software made available under licence to the customer for use of the iGene application.

 

12. Website(s): the user interface, functionality and content made available under iGene's domain names.

 

13. Intellectual property rights: all applicable intellectual property rights, including copyrights, database rights, patent rights, trademark rights, trade name rights and rights in designs and models.

 

Article 2. Nature of the service provision

1.     iGene offers a genetic information service. The service provision encompasses the processing of biological material (saliva or cheek swab), the mapping of genetic variations through DNA analysis, and making the resulting information available to the customer or user.

2.     The information provided by iGene concerns insights into personal characteristics, lifestyle recommendations, medication sensitivity and/or genetic predisposition based on the genetic self-test.

3.     iGene's service provision is primarily a genetic information service and is not intended as a substitute for regular medical diagnostics or treatment. iGene does not provide medical advice, does not make diagnoses and does not prescribe medication. The information provided may support the customer and, if desired, their healthcare provider, but does not under any circumstances replace personal medical advice or professional care.

4.     The information provided by iGene constitutes a translation of genetic variations into generally available scientific knowledge. The information, calculated values, risk profiles, interpretations and recommendations are of a general nature, based on publicly available scientific sources and the interpretation models used by iGene at that time, and do not constitute individual care, diagnostic or treatment advice. No rights to a particular medical diagnosis, treatment, outcome, efficacy or suitability for a medication may be derived from calculated values, risk profiles, interpretations or recommendations. This does not affect the statutory rights of consumers, iGene's duty of care or any liability for attributable shortcomings.

5.     iGene advises customers and users to always present medical questions, complaints or symptoms to a physician or other healthcare professional in a timely manner, and never to delay professional care or disregard medical advice received on the basis of information provided by iGene.

6.     The application of the information and recommendations provided is the responsibility of the customer or user. iGene is not liable for the manner in which the customer applies the information provided. If the customer has concerns about the accuracy of information in their individual case, they should consult a physician.

7.     The service provision is delivered on the basis of the current state of science and the technology used by iGene at the time of the service provision, to the extent incorporated in iGene's systems. Genetic research, scientific knowledge and technology are continuously evolving.

 

Article 3. Applicability

8.     These general terms and conditions apply to all offers, services, deliveries and agreements of iGene, as well as to all agreements concluded between the customer and iGene.

9.     The applicability of any purchase or other terms and conditions of the customer is expressly rejected.

10.  If one or more provisions of these general terms and conditions are null and void or are annulled, the remaining provisions remain fully applicable. The parties will consult with a view to agreeing replacement provisions, taking into account the purpose and intent of the original provision as far as possible.

11.  In the event of conflict between these general terms and conditions and individual written arrangements between iGene and the customer, the individual arrangements prevail.

12.  The provisions of these general terms and conditions that relate to the use of the service provision, the iGene application, the iGene report and the processing of personal data (including in any event articles 2, 6, 8, 9, 10, 11, 12 and 13) also apply to the user who did not purchase the iGene test themselves but obtained it through a third party, such as a pharmacy or healthcare provider.

 

Article 4. Formation of the agreement

13.  An agreement between iGene and the customer is formed by:

a.     placing an order for an iGene kit via the website or another sales channel;

b.     accepting these general terms and conditions when creating an account in the iGene application;

c.      signing a separate agreement, for example by business customers or healthcare customers; or

d.     activating the iGene kit, submitting a saliva sample or using the iGene application, if the user obtained the iGene test through a third party.

14.  iGene is entitled to refuse an order or application or to attach additional conditions, if in iGene's opinion there are valid reasons for doing so.

15.  All offers and quotations by iGene are without obligation, unless expressly stated otherwise.

16.  iGene ensures that the user is clearly informed of the applicability of these general terms and conditions and the Privacy Statement prior to use of the iGene kit or the iGene application, including through the manual accompanying the iGene kit and when creating an account in the iGene application.

 

Article 5. Performance of the service provision

17.  iGene will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of a good service provider, on the basis of the state of scientific knowledge at that time, to the extent incorporated in iGene's systems.

18.  If and to the extent that proper performance so requires, iGene has the right to have certain or all work performed by third parties, including certified laboratories.

19.  The customer shall ensure that all data, which iGene indicates are necessary or which the customer should reasonably understand to be necessary for performance of the assignment, are provided to iGene in the required form, in the required manner and in a timely fashion. If such data are not provided in a timely manner, iGene has the right to suspend performance and/or to charge the customer for any additional costs arising from the delay.

20.  iGene is not liable for damage if iGene has acted on the basis of incorrect and/or incomplete data provided by the customer.

21.  The customer will be notified in an appropriate manner as soon as their DNA profile has been analysed and the corresponding report is available. iGene may also inform the customer of additions, new insights or updated interpretations.

22.  The customer acknowledges and agrees that the form and nature of iGene's service provision may change from time to time. Changes will not result in a material deterioration of the core functionality of the service, unless there is a valid reason for this. iGene will inform consumers at least thirty (30) days in advance of material changes to the service provision. The consumer may terminate the agreement free of charge as of the date on which such a change takes effect. In the case of non-material changes or changes vis-à-vis business customers, iGene may adapt the service provision at its own discretion.

23.  iGene is entitled to temporarily take the service provision offline for maintenance, updates or security measures. iGene aims to announce planned maintenance in advance. Temporary unavailability as a result of maintenance does not give rise to any right to compensation.

24.  By way of derogation from the foregoing, iGene may implement changes, restrictions, corrections or temporary suspensions with immediate effect if this is necessary for: a. the safety or security of the service provision or personal data; b. prevention or limitation of misuse or fraud; c. compliance with laws and regulations, a court order or an instruction from a supervisory authority; d. correction of scientific or technical inaccuracies; or e. product safety or incident management. iGene will inform the customer thereof as soon as possible.

 

Article 6. Accounts and subscriptions

25.  After completing the iGene test, the customer may create an account via the iGene application to consult the report.

26.  iGene may offer different account types, including a basic account (free) and an extended account (paid subscription). The available account types and their content are listed on the website.

27.  A paid subscription may be cancelled on a monthly basis, unless otherwise agreed. After termination of the paid subscription, the account is automatically converted to a basic account, if available.

28.  iGene reserves the right to delete a (free) account after at least one (1) year of inactivity or in case of a breach of these terms. Prior to deletion due to inactivity, iGene will notify the customer at least three (3) months in advance via a push notification in the iGene application, with the option to prevent deletion by logging in or downloading the available data. A paid account may be deleted if the customer does not comply with the rules or conditions set by iGene for that purpose.

29.  The customer acknowledges that iGene is entitled to set the retention period and access period for the delivered service, in accordance with applicable laws and regulations and the Privacy Statement. iGene takes appropriate technical and organisational measures to protect the customer's data. In the event of loss of genetic information due to a malfunction for which iGene is responsible, iGene will endeavour to restore the data and inform the customer accordingly. After termination of an account, iGene may retain minimal metadata, consent logs and security logs to the extent necessary for security, proof, fraud prevention, legal obligations or the initiation or substantiation of legal claims, in accordance with the Privacy Statement.

30.  The customer is personally responsible for their account and the associated login details.

 

Article 7. Prices and payment

31.  The total amount for the iGene kit or iGene service must be received by iGene before the application is processed and the iGene kit is dispatched, unless expressly agreed otherwise.

32.  Prices are listed on the website and/or in the separate agreement. All prices are in euros. Prices aimed at consumers are inclusive of VAT; prices aimed at business customers and healthcare customers are exclusive of VAT, unless stated otherwise.

33.  iGene is entitled to change prices. Price changes do not apply to orders of physical products already placed (such as the iGene kit), unless the change directly results from legislation or regulations.

3a. By way of derogation from paragraph 3, iGene is entitled to periodically adjust the rates of ongoing subscriptions (as referred to in article 6), for example in the context of an annual inflation indexation or due to demonstrable expansion of the functionalities of the iGene application. iGene will inform the customer at least thirty (30) days prior to the price change electronically or via the application. If the consumer does not agree to the price change, they have the right to cancel the subscription free of charge as of the date on which the price change takes effect.

34.  If electronic payment has not been chosen, payment must be made within fourteen (14) days of the invoice date, without deduction or discount. The date of credit to iGene's account is deemed the date of payment. The consumer's statutory right of set-off is not limited thereby.

35.  In the event of late payment, the customer is in default by operation of law. From that moment, iGene is entitled to charge the statutory interest. For business customers and healthcare customers, the statutory commercial interest rate applies. The customer is also obliged to reimburse reasonable extrajudicial (collection) costs, in accordance with the statutory scale (Decree on compensation for extrajudicial collection costs).

36.  In the case of direct debit, the customer must ensure sufficient funds in the designated account.

37.  Payment of an extended subscription is made monthly by debit from the customer's account or via the App Store where the customer downloaded the iGene application.

 

Article 8. Intellectual property

38.  iGene is the owner of, or holds the right of use to, all intellectual property rights relating to the iGene websites, applications, tests, reports, algorithms and production methods. The agreement does not entail a transfer of intellectual property rights vested in iGene.

39.  The customer obtains only a personal, limited, non-exclusive, non-transferable and non-sublicensable right of use to use the iGene application and iGene report for their own personal use or, in the case of business customers and healthcare customers, exclusively for the expressly agreed internal or professional purpose.

40.  iGene retains the right to use the knowledge gained through the performance of work for other purposes, provided no confidential information is disclosed to third parties in the process.

41.  The customer declares that by providing a saliva sample and/or their genetic material, they acquire no rights whatsoever to (the outcomes of) research or to commercial products and/or services developed by iGene or its partners. The customer understands that they will receive no remuneration for research or commercial products and/or services that iGene develops on the basis of anonymised or aggregated genetic information.

42.  The customer is not permitted to decompile, reverse engineer, scrape, automatically read, use for training or improving AI systems, or use for the development of competing services, any software, application, reports, databases or algorithms of iGene in whole or in part, except to the extent that mandatory law expressly permits this.

43.  The foregoing does not affect the consumer's right to download, save, print and share their own iGene report with their own physician or pharmacist for personal medical consultation.

 

Article 9. Confidentiality and privacy

44.  iGene does not link the personal data required for sending the product to the genetic data. Postal address and genetic data are processed on separate systems. After delivery of the kit, address details are removed from iGene's administrative systems, to the extent no longer necessary.

45.  iGene may only share DNA data with third parties (such as a healthcare professional) when the customer has given explicit consent for this.

46.  After completion of the test, the DNA samples examined are destroyed by the laboratory.

47.  The processing of personal data by iGene is governed by iGene's Privacy Statement, available on iGene's websites. The customer declares to have taken note of this Privacy Statement.

48.  iGene takes appropriate technical and organisational measures to protect the customer's data, in accordance with its information security policy.

49.  The customer treats all non-public information about iGene's service provision, working methods, technology and organisation as confidential and will not disclose it to third parties without iGene's prior written consent. This obligation remains in effect after termination of the agreement.

 

Article 10. Customer declarations

50.  The customer declares that they are eighteen (18) years of age or older at the time they provide a saliva sample and gain access to their genetic information.

51.  Minors may have an iGene test performed by authorisation of a legal representative. The legal representative must send a power of attorney and proof of identity together with the saliva sample of the minor concerned to iGene, and must indicate in advance that the sample provided is not their own.

52.  The customer guarantees that the saliva sample they provide is their own saliva/DNA, except in the situation referred to in paragraph 2.

53.  The customer declares to agree that the saliva sample provided by them and all data obtained may be transferred and/or processed outside the country in which the customer resides, in compliance with applicable privacy legislation.

54.  The customer is personally responsible for all possible consequences of sharing their genetic and reported information with third parties.

55.  The customer declares that they have the authority, under the legislation of the country or jurisdiction in which they reside, to make all of the foregoing declarations. In the event of a breach of these declarations, iGene has the right to suspend its services or terminate the account. The customer indemnifies iGene against any liability arising from a breach of these declarations.

56.  The customer acknowledges, declares and accepts:

e.     that iGene's service provision is an information service and that the customer applies the information provided on their own responsibility, without prejudice to iGene's duty of care;

f.       that iGene strives for safe and reliable service provision, but that temporary interruptions or technical errors may occur;

g.     that genetic interpretations depend on the current state of science and may therefore change or be incomplete;

h.     that the results of genetic analysis are inherently limited by the current state of science and individual variation, without prejudice to the statutory conformity requirements;

i.       that iGene has the right to monitor the use of its systems;

j.       that iGene uses cookies and similar technologies, in accordance with the Privacy Statement.

 

Article 11. Unlawful and prohibited use

57.  The customer guarantees that they will not make unlawful or prohibited use of iGene's services. It is prohibited to use the services in a manner that causes damage, disruption or overloading, or that impedes the use by others.

58.  It is prohibited in particular to use the services for:

k.      uploading, distributing or transmitting material that is derogatory, defamatory, obscene or offensive, or that may be construed as harassment or discrimination;

l.       obtaining data from third parties or attempting to identify and/or contact other users;

m.    downloading files from other users where the customer knows or should know that this is not permitted;

n.     uploading or transmitting content that infringes intellectual property rights;

o.     causing harm in any manner to minors;

p.     uploading material that contains software viruses or other malicious code;

q.     circumventing security components of iGene software;

r.       obstructing or disrupting servers or networks connected to iGene's services;

s.      without permission, using, activating, submitting or having analysed another person's DNA material, tube code, account or report;

t.       offering, reselling, renting, transferring or commercially exploiting access to an account, report, test or application;

u.     making medical, commercial, scientific or regulatory claims about iGene products or services that have not been approved in writing by iGene.

59.  In the event of a breach of these terms, iGene reserves the right to suspend or terminate its services to the customer, or to refuse access to the account. If the termination or suspension results from intent, misuse, fraud or illegal activities of the customer (as further specified in paragraph 2), the customer has no right to a refund of fees already paid, without prejudice to iGene's right to claim full compensation. In the case of other breaches, the customer is entitled to a refund proportionate to the part of the service not delivered, less the damage suffered by iGene.

 

Article 12. Risks and considerations

60.  The customer is aware that genetic information is irrevocable. At the moment iGene makes the report available for inspection, this knowledge is irreversible. Not all information is necessarily positive or expected.

61.  The information may provide insights into genetic predisposition for certain characteristics or conditions that may evoke strong emotions, concerns or practical consequences.

62.  It is possible that the laboratory is unable to process the saliva sample – for example due to insufficient DNA or insufficient saliva – or that the laboratory process leads to errors. The measures described in paragraph 4 (free reprocessing or full refund) constitute the primary remedy for the customer in the event of laboratory-related shortcomings. The other liability provisions of article 13 remain applicable in full.

63.  If the initial processing fails, iGene will attempt to reprocess the same sample, at no cost to the customer. If this fails repeatedly, iGene will send a new kit free of charge. If the customer does not wish to make use of this, they are entitled to a full refund of the amount paid.

64.  Genetic research is never complete. Science is continuously evolving; future research may change the interpretation of DNA data. Some interpretations may not be applicable to the customer's specific situation.

65.  The customer is advised to share genetic information with great care. Genetic information shared with a physician or other healthcare provider may inadvertently become part of the medical record and through that route become accessible to other healthcare providers and/or insurance companies.

66.  The customer is expressly cautioned not to change their medication use, lifestyle or treatment solely on the basis of iGene's information, but always in consultation with a physician or other qualified healthcare provider. For most characteristics, genetic factors are only one of many factors that play a role.

67.  iGene is not liable for decisions made by the customer on the basis of the information obtained without consulting a qualified healthcare provider, without prejudice to the other liability provisions in article 13.

 

Article 13. Liability

68.  iGene will perform its work to the best of its ability and with the care expected of a good service provider.

69.  iGene is not liable for damage arising as a result of:

v.      shortcomings in the service provision that are not attributable to iGene;

w.    emotional or psychological effects experienced by the customer as a result of becoming aware of genetic information, to the extent that iGene has adequately informed the customer in advance of the possibility of such outcomes;

x.      the customer applying information obtained through iGene without consulting a physician or other expert;

y.      unauthorised access to, or modification of, the customer's data, to the extent that iGene has taken appropriate security measures;

z.      incorrect or incomplete data provided by the customer;

aa.  statements or conduct of third parties in relation to the services.

70.  iGene is not liable for indirect damage and/or consequential damage, including lost profits, missed savings and damage due to business interruption.

71.  The total liability of iGene is limited to compensation for the direct damage suffered by the customer up to a maximum of the amount paid by the customer to iGene in the twelve (12) months prior to the event causing the damage in respect of the relevant service.

72.  The limitations set out in this article do not apply if and to the extent that the damage is the result of intent or deliberate recklessness on the part of iGene, or to the extent that limitation of liability would be contrary to mandatory law, including in any event damage due to personal injury or death and claims under the General Data Protection Regulation. For consumers, the limitations set out in this article also do not apply to the extent that the damage arises from a breach of essential obligations of iGene, statutory conformity rights, information duties or security obligations, to the extent that limitation thereof is not permitted under mandatory law or principles of reasonableness and fairness.

73.  The customer must notify iGene of a claim as soon as possible, preferably within two (2) months of discovering the damage, in writing or by email. Late notification does not automatically result in loss of rights, but may affect iGene's ability to limit or remedy the damage. iGene is granted a reasonable period of at least thirty (30) days to remedy the shortcoming.

74.  iGene has the right at all times – without obligation, if and to the extent possible – to remedy the customer's damage.

75.  The business customer and healthcare customer indemnify iGene and its officers, employees and representatives against all third-party claims that are directly or indirectly related to the performance of the agreement. For consumers, this indemnity applies only to the extent that the third-party claims result from the consumer's attributable actions or omissions in breach of these terms.

76.  The customer is obliged to take all reasonably possible and necessary (preventive) measures to prevent or limit any damage.

 

Article 14. Complaints

77.  Complaints about the work performed and/or services delivered must be communicated to iGene by the customer as soon as possible, preferably in writing or by email. For consumers, a complaint period of at least two (2) months after discovery of the defect applies. For business customers, a period of fourteen (14) days applies.

78.  In the case of a timely complaint, iGene has the choice between adjusting the amount charged, improving or re-performing the service provision free of charge, or not (further) performing the assignment in whole or in part against a proportionate refund, without prejudice to the consumer's statutory rights to repair, replacement, price reduction or dissolution.

79.  Filing a complaint does not suspend the customer's payment obligation, unless iGene confirms otherwise in writing, without prejudice to the consumer's statutory rights.

 

Article 15. Force majeure

80.  iGene is not obliged to fulfil any obligation to the customer if iGene is prevented from doing so as a result of force majeure.

81.  Force majeure in these general terms and conditions is understood to mean – in addition to what is understood thereby in law and case law – all external causes, foreseen or unforeseen, over which the parties have no influence, including system, network or power failures, pandemics, government measures and strikes. Shortcomings on the part of auxiliary persons engaged by iGene, including laboratories, that result from their own actions or omissions, do not constitute force majeure. This does not affect iGene's right to invoke force majeure if one of the aforementioned circumstances prevents both iGene and its auxiliary persons from performing.

82.  If a force majeure situation has lasted more than thirty (30) days, both parties have the right to dissolve the agreement in writing. That which has already been performed pursuant to the agreement will be settled proportionately.

 

Article 16. Export controls and applicable regulations

83.  By accepting these terms, the customer agrees to comply with all rules set by Dutch law and applicable international regulations. In particular, the customer agrees:

bb.  that providing their saliva sample is not subject to an export prohibition or restriction in the country where the customer resides;

cc.   that the research and data may be transferred and/or processed outside the country where the customer resides, in compliance with applicable privacy legislation;

dd.  that the customer will comply with all applicable rules and laws regarding the transfer of data.

 

Article 17. Amendment of terms and service provision

84.  iGene reserves the right to amend its general terms and conditions and/or the nature of its service provision.

85.  Amended terms will be posted on iGene's website and, where possible, made available to the customer personally.

86.  Consumers will be informed at least thirty (30) days before material changes take effect, including an understandable summary of the main changes. They may terminate the agreement as of the date on which the change takes effect.

87.  If the customer continues to use the service provision after the amendment of the general terms and conditions following the expiry of the period referred to in paragraph 3, the updated terms will apply. The consumer retains the right to cancel the agreement if they do not agree to the amended terms.

88.  Software updates must be downloaded from time to time. The customer agrees to receive these updates as part of the use of the services.

 

Article 18. Cancellation and termination

89.  These general terms and conditions continue to apply in full after termination of a paid or free account to the rights and obligations arising from the agreement.

90.  The customer may cancel their paid subscription at any time with a notice period of one month. Cancellation may be made in writing, by email or via the account settings in the iGene application.

91.  iGene may terminate the agreement with immediate effect or suspend the service provision if:

ee.  the customer acts in breach of these terms or if iGene has reasonable grounds to suspect misuse, fraud or illegal activities;

ff.     a laboratory, IT supplier, app store or certifying authority limits or terminates the service provision in a manner that makes continuation reasonably impossible; or

gg.  iGene terminates a product, test panel or service for technical, scientific or regulatory reasons, with due observance of a reasonable notice period.

 

Article 19. Applicable law and disputes

92.  All agreements concluded between the customer and iGene and the legal relationships arising therefrom are governed exclusively by Dutch law.

93.  The parties will first endeavour to resolve disputes through mutual consultation. If this does not lead to a solution, the parties may submit the dispute to an independent mediator before approaching the court.

94.  Disputes that cannot be resolved through mutual consultation or mediation will be submitted exclusively to the competent court in Arnhem, without prejudice to the consumer's right, within one month of iGene invoking this provision, to choose the court that has jurisdiction pursuant to law.

 

PART II – ADDITIONAL PROVISIONS FOR CONSUMERS

The provisions in this part apply exclusively if the customer is a consumer within the meaning of article 1 paragraph 3 sub a.

 

Article 20. Right of withdrawal

95.  The consumer has the right to cancel the order for the iGene kit without giving reasons within fourteen (14) days of receipt (right of withdrawal), in accordance with article 6:230o of the Dutch Civil Code, provided the contents of the kit are in an unused condition.

96.  Upon use of the saliva kit or activation of the tube code stickers, the right of withdrawal lapses, in accordance with article 6:230p paragraph 1 sub f of the Dutch Civil Code (sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery). The consumer will be informed of this when placing the order.

97.  To exercise the right of withdrawal, the consumer contacts iGene using the model withdrawal form or in another unambiguous manner.

98.  Upon timely cancellation, the consumer has a further fourteen (14) days after cancellation to return the iGene kit. The product must be returned with all delivered accessories and in its original condition and packaging.

99.  The consumer will receive a credit for the full order amount including outbound shipping costs. The costs of return shipment are borne by the consumer.

100.                  iGene will refund the order amount owed within fourteen (14) days of notification of the return, provided the product has been received in good order.

 

Article 21. Conformity and additional consumer rights

101.                  The provisions regarding distance selling (Book 6, Title 5, Section 2b of the Dutch Civil Code) and other mandatory consumer legislation continue to apply in full to agreements with consumers.

102.                  If and to the extent that any provision in these terms conflicts with mandatory consumer law, the mandatory statutory provision applies.

103.                  Consumers can obtain information about their rights from ACM ConsuWijzer (www.consuwijzer.nl) or the Legal Advice Centre (www.juridischloket.nl). If a dispute cannot be resolved through mutual consultation, the consumer may submit the dispute to a recognised and competent dispute resolution body, if iGene is affiliated therewith or if that body has jurisdiction, or to the competent court in accordance with article 19.

 

PART III – ADDITIONAL PROVISIONS FOR BUSINESS CUSTOMERS AND HEALTHCARE CUSTOMERS

The provisions in this part apply exclusively if the customer is a business customer or healthcare customer within the meaning of article 1 paragraph 3 sub b or c.

 

Article 22. Business customers

104.                  Business customers, including distributors, resellers, pharmacies or other intermediary purchasers, may conclude a separate agreement with iGene. The provisions of such an agreement take precedence over these general terms and conditions.

105.                  The business customer is personally responsible for providing correct information to its end customers about the nature and limitations of iGene's service provision as an information service. The business customer guarantees that it will inform its end customers of the fact that iGene's service provision is not intended as a substitute for regular medical diagnostics or treatment.

106.                  The business customer indemnifies iGene against all claims from its end customers or third parties arising from the onward supply of iGene products or services.

3a. The business customer may not make any medical, diagnostic, therapeutic or commercial claims about iGene products or services that have not been approved in writing by iGene in advance.

107.                  The right of withdrawal referred to in article 20 does not apply to business customers.

108.                  The business customer is responsible for complying with all applicable laws and regulations in the onward supply of iGene products or services, including the GDPR.

5a. The business customer shall immediately notify iGene of complaints, incidents and possible product safety issues related to iGene products and shall cooperate in the investigation and remedial measures.

109.                  The business customer refrains from using iGene's knowledge, processes or materials for competing services.

 

Article 23. Healthcare customers and healthcare institutions

110.                  Healthcare customers, including healthcare institutions, pharmacists, physicians and other healthcare professionals who deploy iGene's services on behalf of their patients or clients, shall conclude a separate agreement with iGene for this purpose.

111.                  The healthcare customer, as healthcare provider, is personally responsible for the indication, interpretation and application of the information provided by iGene in the context of the treatment of their patients, as well as for the correct identification and linking of sample, tube code and file. iGene accepts no liability for this.

112.                  If the healthcare customer provides personal data of patients to iGene on behalf of or for the benefit of patients, the parties shall enter into a data processing agreement in accordance with the General Data Protection Regulation (GDPR).

113.                  The healthcare customer shall ensure that patients are informed in an appropriate manner about the nature of iGene's service provision as an information service and about the processing of their personal data, in accordance with applicable laws and regulations.

4a. The healthcare customer shall immediately notify iGene of complaints, incidents, data breaches, possible patient safety issues or incorrect linkages related to iGene services and shall cooperate in the investigation and remedial measures.

114.                  The right of withdrawal referred to in article 20 does not apply to healthcare customers.

 

Article 24. Final provisions

115.                  iGene is entitled to transfer its rights and obligations under the agreement to an affiliated company or to a third party in the context of a merger, acquisition, restructuring or sale of business activities, provided appropriate privacy and security safeguards are in place.

116.                  The Dutch text of these general terms and conditions is decisive. In the event of any translation, the Dutch version prevails.

117.                  These general terms and conditions were last amended on 28 May 2026.

 

Contact details

iGene Products B.V. | KvK 63823764

Oude Haven 102, 6511 XH Nijmegen

Email: info@igene.eu

Telephone: +31 (0)10 310 4200