GeneLinx

Terms of Service

Welcome to GeneLinx!

GeneLinx is a service (hereinafter referred to as “GeneLinx”or “Platform”) provided under the internet domain www.gene-linx.com of GeneLinx GmbH located at Keibelstrasse 4, 10178 Berlin, Germany. For further information, you (hereinafter also “Individual”) may refer to our imprint.

These general terms and conditions of use and business (hereinafter: “ToS”) constitute the final legal framework for all services available through GeneLinx. Deviating and additional regulations are only valid if expressly agreed upon. These ToS are equally applicable to free and paid services offered on GeneLinx.

By accepting these terms you provide explicit confirmation that you have reviewed ahead of your appointment you are located in a state or country eligible for the services offered by GeneLinx.

By using this website and receiving services, you agree not to misrepresent yourself or your health history, family health history, health information, country of residence, or current location while receiving services. You agree not to share confidential information about any individual other than yourself unless you are legally authorized to do so.

In the event of a medical emergency, Individuals are required to contact their regional emergency number.

1. GeneLinx Services

1.1 GeneLinx offers genetic expertise, consulting services and education (“Services”) to individuals, healthcare providers and healthcare, biopharma and other organisations. Our services aim to mainstream genetics care and expand access to personalized genomics by filling in existing gaps in genetics care.

1.2 Through the services offered on GeneLinx, individuals have the opportunity to receive personalised consultations from qualified genetics experts (“Experts”) about their individual genetic predisposition in one or more online video sessions (“Individual’s Session”)

1.3 The GeneLinx offer is directed at persons of legal age who have their habitual residence in the UK and the Republic of Ireland (currently). The service might be offered to individuals with their domicile outside of these countries on a case-by-case basis after. Persons under 18 years of age may use the GeneLinx service only with the consent of their legal guardians.

1.4 The Services are consistent with, and not beyond, the genetic counsellor’s code of practice defined by the Genetic Nurses and Genetic Counsellors Branch, European Board of Medical Genetics, the UK Genetic Counselling Registration Board, the National Society of Genetic Counselors (NSGC) and the American Board of Genetic Counseling (ABGC) depending on the genetic expert’s location and registration board.

1.5 GeneLinx does not provide medical advice. No information on the GeneLinx website, received verbally, written, or digitally, should be used or intended for medical diagnosis or treatment.

1.6 The information provided through our consultation services should not be taken as a reason to disregard any other medical diagnosis or medical advice from a physician. Seek the advice of your physician or a qualified healthcare professional with any questions you may have regarding any medical condition.

1.7 GeneLinx does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by GeneLinx or the Experts in consultation. Reliance on any information provided by GeneLinx or its employees or contractors is solely at your own risk.

2. Booking of Individual's Sessions, Conclusion of Contract

2.1 The total price (including any applicable VAT) will be displayed to the Individual in the booking overview before sending a binding booking request.

2.2 The presentation of Sessions on the Platform does not constitute a binding offer to conclude a contract, but is only an invitation to Individuals to submit an offer. Individuals can select their desired Session via the Platform. When booking Sessions, the desired date and time slot for the Online Appointment with the Experts must be selected. A booking constitutes a binding declaration by the Individual to enter into a contract for a Individual’s TeleConsultation Session. GeneLinx will confirm receipt of the booking immediately by sending an automatically generated e-mail (confirmation of receipt).

2.3 If GeneLinx accepts the booking request, a contract is concluded between GeneLinx and the Individual.

2.4 The booking is made in the following steps:

(a) Landing on the GeneLinx website or promotional landing page
(b) Selection of the desired Session
(c) Selection of date and time slot for Session with an Expert
(d) Agreeing to listed consents, privacy policy and terms and conditions
(e) Legally binding booking by clicking the “Book now” button
(f) Individual provides Payment and billing information
(g) Payment processing via external payment provider
(h) A booking confirmation email with calendar invite and the video consultation
link is sent to the Individual
(i) A confirmation of payment e-mail with receipt is sent to Individual

2.5 If a copy of these GTC are needed, this data can be printed out or electronically saved using the browser’s print function, before placing the order. GeneLinx will send the order data and also these GTC to the Individual as a link in the order confirmation by email. The Individual has the option to retrieve and save the contractual provisions including the GTC upon conclusion of the contract.

3. Confirmation of Booked Sessions, Testing Coordination and Summary Report

3.1 After successfully booking a Session, the Individual will receive a confirmation email with a link to fill out a Medical and Family History Form.

3.2 The Medical and Family History Form is the basis for the Individual’s Session and therefore must be completed by the Individual at least 2 days prior to the booked Individual’s Session. If the Medical and Family History Form is not completed in time, part of the upcoming session will need to be used to collect this necessary information which might result in lengthening of the session duration and additional charges in some cases. Incomplete or inaccurate information provided may result in the need for another session and additional fees.

3.3 Based on the data provided and the Individual’s residence, GeneLinx automatically assigns the most appropriate Expert for the Individual’s Session. If the Expert is unavailable for a follow-up session or is no longer associated with the Platform, GeneLinx will assign another Expert to the Individual for any follow-up appointments.

3.4 The use of GeneLinx content and attendance of Individual’s Session requires an up-to-date web browser (Chrome or Firefox preferred) and a common program for video calling (Zoho Meeting or similar). GeneLinx will provide the Individual with any necessary access data for the video platform in due time before the start of the Individual’s Session, as well as inform the Individual of any other requirements for access. GeneLinx does not assume any warranty for the functionality and availability of the technical platforms provided.

3.5 The standard Session usually lasts between 30-45 minutes unless otherwise stated or previously agreed upon as an exception, but can also be shorter depending on the nature of the session and/or the information provided by the individual or if it is a service provided as per the requirements of a partner.

3.6 If a standard session was booked and exceeds this time frame due to the individual arriving late to the appointment; non-completion of the medical form prior to the appointment; due to multiple family members attending the same session; or other reasons on the part of the individual, an additional appointment may need to be scheduled. This additional appointment will be charged up to a maximum of the cost of one standard appointment rate at the discretion of GeneLinx. If this is an appointment via a partner, then the partner will be notified of two appointment slots being used.

3.7 It is policy to charge for other professional services you may require such as: telephone conversations which last longer than 15 minutes or for our experts to attend meetings or consultations with other professionals which you have authorized or to send reports by post. These will be discussed at the time of provision of the service and will be provided only with your consent and after payment.

3.8 Recording of the Session is not permitted without prior consent from GeneLinx. In case an Individual’s Session is to be recorded, GeneLinx will obtain the Individual’s explicit consent in advance.

3.9 After attending the Individual’s Session, the Individual will receive a personalized Summary Report detailing the discussion from the Individual’s TeleConsultation Session and the suggested next steps, which can be shared and discussed with the Individual’s appropriate medical provider. If requested and consented to, the Summary Report can also be shared with the provider directly.

3.10 If during the initial consultation, a genetic test is deemed appropriate, the genetic expert can offer and discuss such testing with the individual. It is completely at the discretion of the individual if they choose to proceed with such a test. They do not have to accept the recommendations of the genetic expert. They can also choose to perform the test via their own physician or through other laboratories than the ones recommended by GeneLinx. We will not however, be able to support the ordering process in such circumstances.

3.11 If the individual decides to proceed with testing through GeneLinx, then they are directed to consent, book and pay for a separate service that includes the price of the test which is provided by a third party laboratory partner (the consent, terms and conditions and cancellation policy of the laboratory will apply) and the post-testing consultation session with the genetics expert to understand the results once the testing is complete. Such an appointment will usually be scheduled 6-8 weeks out depending on the testing requested to give ample time for the laboratory to complete the requested test and return the results.

3.12 Once the individual requests and pays for the test and post-test consultation service, GeneLinx and the genetic expert will help coordinate the testing after your consent with the respective laboratory. You will receive a test kit for obtaining a saliva or blood sample at the address you provided. The test kit will contain instructions for obtaining the sample and a pre-paid labelled shipping envelope, which you must send to the designated laboratory with the sample. The results should take between 4-6 weeks after your sample is received by the laboratory. In the event that the results are delayed, GeneLinx will notify the individual and will reschedule the appointment if necessary.

3.13 The genetic expert will review the received laboratory result report as soon as it is received and you will be given the results with an explanation and the next steps during the post-test consultation session that you had previously scheduled.

3.14 A copy of the results and an updated Summary Report will be shared with the individual securely. If any referrals are needed to a provider, the genetic expert will provide these at their discretion. These documents can be shared with the Individual’s treating physician or general physician for follow-up and medical management.

3.15 The Individual will also receive an optional satisfaction survey at the end of the service to provide their feedback and comments.

4. Late arrival, No Show, Cancellation and Rescheduling Policy

4.1 It is the Individual’s responsibility to attend the booked session at the agreed time via the agreed video platform. The individual understands that if they are late for the appointment, they will still have to end the session at the allotted time.

4.2 If the Individual’s Session cannot take place due to (connection) problems on the part of the Individual and if the Session is not cancelled by the Individual in due time (up to 48 hours) before the start, the complete fee of the scheduled Session will be charged to the Individual. If the session could not take place due to (connection) problems on the part of the Expert or for other reasons beyond the Expert’s control, the scheduled session will be made up at a later date.

4.3 On the day of the Session, if the Individual does not join the appointment within 5 minutes, the Expert will make two attempts to contact the Individual by phone using the phone number provided at the time of booking. After 15 minutes and two attempts the Expert will mark the session as No Show and end the Session and the Individual will be charged in full.

4.4 Cancellation or rebooking of an “Initial Consultation” is possible free of charge via the link provided in the booking confirmation and reminder emails up to 48 hours before the start of the booked Session. After this period, any cancellations or rebookings are not possible and will be charged the full fee. In special circumstances, the Individual can reach out to GeneLinx at appointments@gene-linx.com and GeneLinx will make a decision at their discretion on a case-by-case basis to allow such cancellations or rebookings.

4.5 Cancellation of an ordered “Test & Post-test consultation” is possible only via emailing appointments@gene-linx.com until the sample kit for the ordered test is dispatched by the laboratory to the Individual. Please note that GeneLinx will retain an administrative fee of 100 EUR in such cancellation cases. For test orders where a sample kit has already been shipped by the lab, a cancellation is usually not possible.

5. Right of revocation

REVOCATION POLICY
Generally you have the right to revoke this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send us (GeneLinx GmbH, Keibelstrasse 4, 10178 Berlin, Germany, Email: appointments@gene-linx.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the model revocation form below, which is not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

The right of revocation shall expire prematurely if we have only commenced performance of the contract after you have given your express consent thereto and at the same time confirmed your knowledge that you lose your right of revocation upon commencement of performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

Please note
During the booking process, you expressly acknowledged and agreed that you forfeit your right to revoke the contract once GeneLinx commences providing the services with your consent (as soon as the payment is made and the family and medical history form is sent to you or the genetic test has been ordered). However, our Cancellation policy described in section 4 will still apply.

Consequences of the revocation:
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

Model revocation form

(If you want to revoke the contract, please fill out this form and send it back to us).
To:
GeneLinx GmbH
Keibelstrasse 4,
10178 Berlin, Germany
E-mail: (please insert)

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date

(*) Delete where not applicable.

6. Accessibility of GeneLinx, limitation of liability

6.1 GeneLinx endeavors to ensure the availability of the Platform at all times. This availability does not include periods of unavailability due to faults in the data transmission network as well as periods of unavailability in cases of force majeure or other cases in which the cause of the unavailability is outside the responsibility of GeneLinx, in particular in the event of power failures and disruptions in the telecommunications networks. Furthermore, periods of unavailability due to routine maintenance or updating measures between 23:00 and 02:00, as well as due to announced necessary maintenance, are not covered.

6.2 GeneLinx uses the current and commonly used technologies for the provision of its services. In order to fully use GeneLinx’s services, the Individual must also use these technologies (e.g. current browser version, Adobe Flash) or enable their use on his/her computer (e.g. activation of Java script, cookies, pop-ups). If older or not commonly used programs are used, the Individual may only be able to use the services of GeneLinx to a limited extent.

6.3 GeneLinx requires every Expert providing Individual’s TeleConsultation Sessions on the Platform to be a trained and experienced genetic counsellor or geneticist or similarly certified professional. However, GeneLinx cannot guarantee that the services offered will be suitable for the specific objectives pursued by the Individual.

6.4 Claims of the Individual for damages are excluded. This does not apply to claims for damages by the Individual arising from injury to life, body or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of GeneLinx, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract. A “cardinal obligation” or “material contractual obligations” are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely. Furthermore, the exclusion of liability does not apply to claims based on the German Product Liability Act.

6.5 In the event of a breach of material contractual obligations, GeneLinx shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it concerns claims for damages by the Individual arising from injury to life, body or health or claims based on the German Product Liability Act.

6.6 The restrictions of paragraphs 6.4 and 6.5 also apply in favour of the legal representatives and vicarious agents of GeneLinx if claims are asserted directly against them.

6.7 In certain cases, the laboratory tests can fail, require repeating or be delayed due to unforseen circumstances or due to the quality of the sample received. GeneLinx does not accept liability for such failures and the laboratory’s Terms and Conditions apply. In such an instance, GeneLinx on a case-by-case basis, will help coordinate reordering of the test and rescheduling of the post-test consultation appointment. In the event that the test is cancelled by the laboratory and a refund is issued, then GeneLinx will also refund the patient for the service that was not rendered.

7. Intellectual property rights

7.1 All texts, images, videos and other copyrightable content and works made available within the scope of the GeneLinx offer are protected by copyright. Any non-contractual use, in particular for commercial or operational purposes, requires the prior consent of GeneLinx in text form.

7.2 The use of all trademarks, brands, designs and business names used by GeneLinx within the scope of the offer also requires the prior consent of GeneLinx in text form.

8. Use of the GeneLinx Platform

8.1 The Individual declares that any content made accessible by him/her on GeneLinx is free of third party rights, that its publication does not violate any third party rights, such as personal rights or rights to one’s own image, or legal regulations, and that it can therefore be used within the framework described above.

8.2 The Individual declares that any content uploaded by him/her on GeneLinx’s platform and forms is free of viruses or other programs that could endanger or impair the functionality of the Platform, other websites or the computers of other users.

8.3 The Individual undertakes to indemnify GeneLinx against any claims and rights asserted against him/her by third parties due to infringing content in the aforementioned sense.

9. Data protection

Data processing is carried out in accordance with the applicable data protection regulations. More detailed information on the processing of personal data can be found in the Privacy Policy section on the website of GeneLinx.

10. Risks and Benefits:

10.1 Our sessions utilise electronic transmissions to communicate what would traditionally be conferred through a face to face consultation visit. In this case, we offer both video and audio forms of communication via the phone or internet.

10.2 The risks involved include the potential release of private information due to interception during transmission. There is the risk of being overheard by anyone near you if you do not place yourself in a private area.

10.3 You are responsible for information security of your computer/device. If you decide to keep copies of any record or communication, it’s up to you to keep that information secure. GeneLinx cannot guarantee the security of our emails on your server. From our side, we adhere to the strict standards required by GDPR which you can refer to in our Privacy Policy

10.4 Other potential risks may include, but are not limited to, insufficient transmission of information that does not allow for appropriate decision-making and risk assessment and evaluation by the expert; delays in consultation, and/or communication due to deficiencies or failures of equipment or systems; failure of security protocols, resulting in a breach of privacy involving personal health information; or adverse results or reactions due to lack of access to complete medical and family history records.

10.5 In order to engage in GeneLinx’s sessions, you may need to download a free software package to your local device. The terms of use for that service are separate from the GTC of GeneLinx.

10.6 The details of your Session, which may include oral, visual, and electronic communications between you and your expert, may become part of your records via the Personalized Summary Plan and the test results received.

10.7 Under certain circumstances, a teleconsult Session may not be as appropriate as a face-to-face interaction, and your GeneLinx expert may refer you to a local healthcare provider for follow-up or additional care.

10.8 Genetic information, education and counselling can be beneficial, but it is not without risks. During this process, you will have discussions about health history, family history, and personal issues, all of which may bring to the surface uncomfortable emotions such as anger, guilt, and sadness.

10.9 Genetic testing might reveal risks such as variants of uncertain significance which may not provide sufficient information in order to direct decision making and can also potentially impact your insurance (depending on your country of residence) based on identification of health risks via genetic testing.

10.10 Possible benefits include increased knowledge regarding genetics, including your specific personal and family health history, information that may be used to inform management (with consultation of a physician), reduced feelings of emotional distress, and specific problem solving. However, we cannot guarantee these benefits.

10.11 Please note that not every individual needs or is required to undergo a genetic test. Our experts will only recommend testing if they consider it appropriate and identify and recommend the most information providing and useful test for each individual.

11. Final provisions

11.1 The place of performance is Berlin. The contractual relationship between GeneLinx and the Individual is governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, to the extent permitted by law. If the law of the country in which the consumer is domiciled provides for higher consumer protection, this shall remain unaffected.

11.2 As an online company, GeneLinx is obliged to refer the Individual as a consumer to the online dispute resolution platform (ODR platform) of the European Commission. This ODR platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, GeneLinx does not participate in a dispute resolution procedure before a consumer arbitration board.

11.3 If any provision of these GTC is or becomes invalid, the remaining provisions of these GTC shall remain valid. The parties undertake to replace the invalid or ineffective provision with a provision that comes closest to the economic sense and purpose of these GTC or the corresponding provision. The same shall apply to the filling of any gaps in this contract.

11.4 GeneLinx reserves the right to change these GTC for material reasons (e.g. due to changes in the legal situation or its own services, technical developments, etc.). This applies in particular if new offers by GeneLinx require new regulations.

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