Terms & Conditions

TERMS & CONDITIONS

DEFINITIONS

GeneWay” refers to S Wonder (Pty) Ltd t/a GeneWay, with its principal place of business based at 354 Derdepoort Road, Silverton Business Park, Silverton, Pretoria, South Africa.

Consent Document” – means GeneWay’s Patient requisition form and consent document permitting GeneWay to collect your personal information.

Services” means GeneWay’s products, services, and website (including graphics, text, images, and other information displayed on the website) as accessed by users.

Personal Information” is information about an individual, which includes information that can be used to identify you or find you on our website. GeneWay gathers and keeps the following types of Personal Information:

Aggregate Genetic and Self-Reported Information” means Genetic and Self-Reported Information that has been obtained from the user’s Registration Information which has either been obtained from the requisition and consent form, or the lifestyle questionnaire which has been completed by the user.

Genetic Information” – Is data related to your genotype (e.g. A, T, C, G at different genetic markers), generated through the analysis of your DNA swab.

Registration Information” is the personal information you provide which requesting the GeneWay screening test.

Self-Reported Information” is your personal information, including medical conditions, sports-related information, ethnicity, family history, and other information that you enter when completing the lifestyle question and patient requisition form.

Web Behaviour Information” is information gathered when users make use of the GeneWay website, which is collected through log files, cookies and web beacon technology. Please see our Cookie Policy for more details.

Privacy Statement” this forms part of the Privacy Policy can be found in the Privacy Policy.

ACCEPTANCE OF TERMS

Your use of GeneWay’s Services is subject to the terms defined in the Terms & Conditions. These T &Cs apply to any use of GeneWay’s Services, including:

  1. Submitting a DNA mouth swab for DNA extraction and analysis;
  2. Providing a digital version of your Genetic Information and interpreting the analysed data through reports which are generated.

When activating our account with GeneWay, you accept the Term and Conditions.

You accept and agree that GeneWay will treat your use of the Services as implied acceptance of the Terms & Conditions from that point onward.

PREREQUISITES

Users who provide genetic material and/or information must be 18 years of age or older, if a minor’s sample is submitted for analysis, the parents or guardians must sign the consent form, and activate and monitor the account with GeneWay.

THE SERVICES

The Services include access to the GeneWay website and its personal genetic services, which include the collection, extraction, and analysis of your genetic information, based on a DNA mouth swab and access to a live account, where you will submit electronic information and view your analysed and interpreted results.

Scientific research is always changing and genetic technology is always evolving, therefore, GeneWay is always researching and stay abreast of new technologies and findings in order to provide the best information to its users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that GeneWay might stop (permanently or temporarily) providing some Services (or features within the Services) to its users without prior notice.

You as the user may stop using the Services of GeneWay at any time, without prior notification, unless you request to close your account. GeneWay does not have any responsibility for the use of the Services outside the stipulated terms.

In order to make use of the Services, you must have Internet access, directly or through devices that have access to web content, and you must pay any outside service fees associated with this access. You must also provide all the equipment necessary to connect to the Internet, which includes a computer and a modem or another access device.

We may disclose to third parties “Aggregated Genetic and Self-Reported Information”, which is information that has been obtained from your Registration Information and the combined data from other users which is aggregated enough to minimize the exposure of individual information while still providing enough scientific evidence. We will take reasonable measures to make this information non-identifiable, meaning that it would not be reasonably foreseeable that the information could be utilized, either alone or with other information readily available, to identify an individual or to connect an individual to any particular data. We will also use contractual means to protect the privacy and security of your Aggregated Genetic and Self-Reported Information.

Except as otherwise stated here, we will never release your Genetic and/or Self-Reported Information to a third party, except for the referring Health Care Professional, without asking and getting explicit consent from you to do so, unless we are required to by law. If we are legally required to disclose such information, we will make reasonable efforts to notify you unless we are legally prohibited from doing so.

RISK & LIMITATIONS

Limitations of Genetic Information

Genetic Information provides a limited window into your health and fitness. It is only one aspect of your entire health and fitness outlook and should not be assumed to be conclusive. The information contained in the report is for informational purposes only, and is not intended to prevent, diagnosis or treat any medical conditions and should not replace the advice of your Health Care Practitioner. It is important to discuss your results with your Health Care Practitioner before stop any medication, or entering any calorie restricted eating programs.

It is important to note, that find out about one’s Genetic Information is an individual decision and not and idea shared by everyone. The Genetic Information could provide knowledge and information that is negative. Therefore to understand the science and research behind the genetic information is important and you will need additional services of your Health Care Practitioner to interpret and understand the meaning of your DNA.

Do not alter your health and lifestyle behaviours solely based on the information provided to by GeneWay, for most common diseases, individual genetic markers are only responsible for a small fraction of the risk factor, and other factors such as one’s environment and lifestyle choices also need to be taken into consideration.

If your data tells you that you do not have an elevated risk for a particular condition, you should not assume that you are entirely protected from this condition. The opposite can be true as well: if your genetic data tells you that you are at higher risk for a particular condition, it does not mean that you will develop this condition.

Genetic research is not complete and it is constantly evolving and the scientific is still learning about genetics. Although we measure several markers of information in your DNA, this is only a small percentage that relates to human traits. Research needs to expand to incorporate a wide range of ethnic groups and gender studies, which maybe not be included in current knowledge and research.

Use’s participation in GeneWay’s services is total voluntary, and all user’s requesting to the services of GeneWay is required to sign our Consent Document, which sets forth more information about our services. Our Services are only used for informational, and educational purposes. Our Services are not to be used by the user as diagnostic tools and should not be a substitute for professional medical advice. You should always seek the advice from your physician or health care provider regarding any questions that you have regarding diagnosis, cure, or prevention of any disease or condition.

GeneWay does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our website. If we provide you with recommendations that might work for you based on your Genetic and Self-Reported Information and scientific research, this information should be seen as intended for informational purposes only or for discussion with your physician or health care provider.

GeneWay believes that:

  • genetics is not the full picture of someone’s present, future or potential state of being;
  • the understanding of Genetic Information is always evolving and there are still many things to discover and understand;
  • only a physician or health care provider can assess your state of health or conditions, taking into account many factors, including your Genetic Information and your current symptoms.

The information provided by GeneWay through the analysis of your DNA is subject to significant limitation, and you rely on information provided by GeneWay, GeneWay’s employees and others information appearing on our website at your own risk.

Testing limitations

Please bear in mind that the GeneWay laboratory may not be able to process your sample and the analysis may result in errors, if your DNA swab does not contain a sufficient DNA concentration.

If the laboratory processing fails because of these reason, GeneWay laboratories may request a repeat swab from the user. GeneWay will notify both the user and the referring Health Care Practitioner that a repeat swab is necessary. Any DNA sample with poor quality DNA, will have a note made on the report that the results are to be treated with reserve, due to the poor quality DNA sample received and processed.

USER REPRESENTATIONS

By acquiring the services of GeneWay, you agree to, acknowledge, and represent as follows:

  • You understand that the information you obtain from GeneWay is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.
  • You understand that the GeneWay services are only for informational, and educational purposes and that while information provided by GeneWay might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. GeneWay does not provide any health or medical treatment or advice.
  • You understand that GeneWay encourages you to seek the advice of your health care practitioner should you have any questions or concerns about your genetic information.
  • You give permission to GeneWay, its contractors, successors and assignees to perform genetic services on the DNA extracted from the DNA sample you provide. You also give permission to request GeneWay to disclose your DNA analysis results to you and your referring Health Care Practitioner.
  • You confirm that you are 18 years or older and are consider to be major in the jurisdiction in which you reside if you provide a DNA sample or if you access your Genetic Information.
  • You guarantee that the sample you provide is coming from your saliva; and if you are agreeing to these terms and conditions on behalf of someone else, a parent or a guardian of a minor, from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.
  • You guarantee that you do not represent an insurance company and are not trying to obtain information about an insured person or an employee.
  • You acknowledge that some information you receive can provoke an emotional response.
  • You are responsible for all of the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
  • You acknowledge that all of your Personal Information will be kept in GeneWay’s databases and will be processed as stated by the GeneWay Privacy Policy.
  • You acknowledge that by providing a DNA sample, having your Genetic Information analysed, accessing your Genetic Information, or providing information about yourself, you do not have any proprietary or other rights in any research or products that might be developed by GeneWay and/or its partners. You understand that you will not benefit in any way from research or from products resulting from your Genetic Information or Self-Reported Information.

You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. Should you not adhere to any of these representations or are in breach of the terms & conditions, Geneway has the right to terminate your account and refuse future use of their service.

PRIVACY POLICY AND DISCLOSURE INFORMATION

In order to use the Services of GeneWay, you must acknowledge and accept the Privacy Policy. You acknowledge and accept the Privacy Policy by using the services of GeneWay.

You acknowledge and accept that GeneWay, GeneWay personnel and holders of GeneWays web account and database can and may monitor the use of its systems and can keep copies of such monitoring.

Refer to the Privacy Policy to learn more about data protection as it relates to all of your information.

WEBSITE USAGE

In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies.

By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).

Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)

The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.

The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)

You may opt out of seeing advertisements for web site, by simply clicking here: - www.google.com/policies/technologies/ads/.

We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.

USER CONDUCT - UNLAWFUL AND PROHIBITED USE

You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Service.

You acknowledge and accept that you are responsible for (and that GeneWay has no responsibility to you or someone else for) any violation of your obligations under the Terms & Conditions and for the consequences that the violations might have, including any damage that GeneWay might suffer.

GeneWay reserves the right to terminate any and all account access, and refuse future use of their services.

GENERAL PRACTICE REGARDING USE AND STORAGE

You understand that GeneWay may establish practices and limits concerning Service uses, such as the maximum number of days that Personal Information and Services content are retained by the Service. You understand and accept that GeneWay has no responsibility or liability for the deletion of messages or content maintained or shared by the Services; or for the loss of Genetic Information because of the malfunction of data servers or other events. You also should understand that GeneWay has the right to change these practices and limits at its own discretion.