Terms & Conditions • SwissCheckUp

SwissCheckUp, Inc. (hereinafter referred to as SCU) is a company registered at Rue de Genève 28, 1225 Chêne-Bourg, Switzerland. This website is owned by SCU. SCU’s scope of activities is clinical genetics and personalized medicine services. According to the 15th article of the Swiss federal law on human genetic analyses (Loi fédérale sur l’analyse génétique humaine, LAGH), SCU does accept orders from certified medical professionals only. Moreover SCU does not provide test results directly to patients, but only to the certified medical professional who ordered the test.

To ensure an appropriate usage of this restricted access section of our website, we have established certain terms and conditions. By accessing this area of the www.swisscheckup.com website or by purchasing our services, the client agrees to be legally bound to and abide by the terms and conditions set forth below:

Area of Validity

These terms and conditions apply to all services provided to clients by SCU.

In the frame of this agreement, the following definitions apply:

Client: private or public medical institution or medical professional pursuant to SCU services. Patient: person concerned by the genetic analysis, as described in article 3 of the LAGH. Sample: biological specimen from the patient, as described in article 3 of the LAGH. SCU clients are sending patients’ sample(s) to SCU; SCU does not accept sample(s) sent directly from patients.

The processing of each sample involves the in-laboratory handling of human DNA samples, their processing, and the reporting of genetic test results. The DNA is used for the purpose of completing the genetic analysis that has been ordered; any remaining DNA will be stored for the use of proving it was the sample that was originally forwarded, in case a third party were to claim an error occurred during the first test or if a problem arose in interpreting the results. The untested portion of the sample will also be available to repeat the testing or have additional testing done in another laboratory.

The results are reported through SCU’s secured platform and kept as described in article 16 of LAGH.

Contractual Agreement with the Client

These terms and conditions are deemed to be a concluded agreement once the client agrees to this document by ticking-in the checkbox or confirms via email, fax or normal mail our written offer to him, or in the case he sends us a sample. The only exception thereof is when the client has another written contract with SCU, which clearly precludes the present contract.

SCU has the right to refuse analyses, notably in the case SCU cannot perform the analysis for any technical or operational reason. In this case, SCU will take all reasonable measures to inform the customer as soon as possible.

Client’s Responsibility

The client is obligated to send the sample in such conditions that the analysis is possible. The samples must be sent on time and at the client’s own cost.

The order form must be correctly and completely filled in, notably with signature certifying the client has received appropriate informed consent form from the patient.

If the client sends samples that are not suitable for analysis, SCU is released of its obligation to perform the test, and to commit to any Turn Around Time (TAT). The client is still responsible for the costs incurred before the sample has been determined as non-suitable.

The client warrants that he is legally entitled to possess and submit the samples provided to SCU.

The client agrees that he is responsible for the sample collection, quality and transport to SCU’s facilities.

The client agrees to indemnify SCU against any loss, damage, or liability suffered by SCU as a result of the client providing SCU with samples not legally obtained and/or submitted or otherwise legally, ethically, or scientifically encumbered.

The client irrevocably agrees and guarantees that he shall not, either now or in the future, directly or indirectly, interfere with, circumvent, or obviate SCU interests, or the interests or relationships between SCU and third-party clients, dealers, distributors, sub-contractors, suppliers, service providers, laboratories, and technology owners, whether or not any financial transaction is engaged.

SCU Obligations

The scope of the analysis is limited to the order requested by the client.

SCU warrants that the results of the analysis of any biological samples provided to us by the client are correct according to the lab findings and based upon the origin of the samples provided to us.

In case SCU detects, by chance, other relevant findings besides those ordered, SCU will inform the client of those findings.

SCU shall be released from its obligations in case of an occurrence of force majeure.

Payment Terms

The client is obligated to pay the invoice, within 30 days after it has been issued; the date in question is mentioned in the invoice itself.

In case of late payment, SCU is entitled to charge payment interests up to 10% over the standard local interest rate.

Consent & Counseling

The client guarantees that the patient has given his written consent to proceed to the analysis of his sample, and that the interpretation of the results will be provided by a medical professional entitled to do so.

The client shall take all reasonable measures to inform SCU as soon as possible in case of revocation of consent.

Communication Mode

SCU will communicate with the client via telephone, mail and email. If the client requires a specific mode of communication, he shall inform SCU of this in writing as soon as possible. When this requirement is not met, the client should release SCU from all claims related to this, either from the patient or any other third party.

Data protection & Privacy Policy

SCU collects and stores the minimal information necessary to perform the analysis. Patient’s sample and information is stored and handled carefully, and all the reasonable necessary measures to ensure their protection are undertaken. The information collected will not be disclosed to third parties other than for the purpose of completing the analysis and conveying the results to the customer, except if this information is requested to be disclosed by law.

Samples will be stored and destroyed according to applicable law. The purpose of storage is solely the use of proving it was the sample that was originally forwarded, in case a third party were to claim an error occurred during the first test or if a problem arose in interpreting the results. The untested portion of the sample will only be available to repeat the testing or have additional testing done in another laboratory.

Limited Liability

Even though SCU will make all reasonable efforts to have every test described in its website www.swisscheckup.com available, the client understands that he should contact SCU to confirm the availability of a specific analysis, its indicative price and turnaround time (TAT) that he will find on SCU’s website before sending a sample to be tested.

While SCU will make every reasonable effort to maintain the accuracy, completeness, and currency of the information published on this web site, this web publication is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SCU will not be held liable for damages of any kind arising from the use of this site or the products or services purchased using this site, including but not limited to direct, indirect, incidental, punitive, and consequential damage. In addition, SCU does not represent or warrant that the information accessible via this site is accurate, complete or current.

The client agrees that SCU assumes no liability for the accuracy or completeness of any of the tests conducted by or on behalf of SCU on the patients’ DNA beyond the obligation to repeat, at no cost, a test that has been deemed inaccurate or incomplete by an appropriately-qualified medical professional in the form of a written protocol, and that SCU will investigate the matter of any such test in order to determine why it may not have been conducted to meet the demands of its quality standards in order to avoid a repetition of such circumstances.

SCU is not liable for damages due to force majeure.

SCU is not liable for damages linked to the fact the client did not fulfil his obligation.

Confidentiality

“Confidential Information” means information which is made available by SCU to the client and shall include – but not be limited to – information regarding business models and plans; technologies, products, services, processes, or operations; prices, fees, payment terms, discounts, as well as revenue, cost, or profit structures; business partners, clients, suppliers, or service providers; proposed or actual contract (transaction) terms and conditions; and information concerning the activities, affiliations, or holdings of the Parties – originally disclosed by the Provider to the Recipient under this Agreement, whether in writing, orally, visually, or otherwise in the form of samples, models, analyses, compilations, declarations, reports, notes, studies, memoranda, or other statements or documents derived from, containing, or reflecting such information. The client also irrevocably agrees and guarantees not to use SCU’s disclosed confidential information including but not limited to its business models outside of the framework of a formal business relationship with SCU, and agrees not to make use of a third party entity to do so.

Copyright & Trademarks

All web site design, texts, images, graphics, other content, and any part or arrangements thereof, as well as all proprietary software or other features used on the web site are the property of SCU or are used by SCU under license. Any use of materials on this web site – including their reproduction, modification, distribution, or republication – without the prior written consent of SCU is strictly prohibited.

Offsetting

The client cannot offset any counter-claim unless they have become legally enforceable.

Assignment

The client cannot assign the rights to this contract without prior written consent of SCU.

Jurisdiction & Applicable Law

This site is created and controlled by SCU, based in Switzerland. SCU operates under the laws of Switzerland. Any and all uses and transactions conducted within the scope of this web site are subject only to the laws of Switzerland. Any disputes arising out of the use of or reference to this web site shall be settled by a court of law, by arbitration, or by mediation in Switzerland under the laws of Switzerland. Swiss legislation will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. SCU operates in compliance with the LAGH and fulfills notably Articles 19, 20 and 21 of the Ordinance on human genetics analysis (Ordonnance sur l’analyse génétique humaine, OAGH) concerning subcontracting mandates as well as the law on data protection (Loi pour la Protection des Données).

Final provisions

The client confirms that he sufficiently comprehends the English language to understand his rights and responsibilities under this Agreement, the rights and responsibilities of SCU under this Agreement, the limitation on the responsibilities of SCU to providing him with a defined set of testing services as well as preliminary interpretations thereof, and to expressly agree with these Terms & Conditions.

Should any of the above-mentioned individual provisions become null, the validity of the rest of the provisions shall not be affected.

The above stated rules and disclaimers are subject to change by SCU at its sole and absolute discretion.