1. General aspects
1.1 Identifying data & general information
Arcensus GmbH (hereinafter, “Arcensus”) is a company registered with the commercial registers of the local court of Rostock/Germany under HRB 15164. Arcensus is the owner of the activity displayed, among others, through of the Website https://www.arcensus-diagnostics.com. The corporate address as well as the commercial address of Arcensus are located at Friedrich-Barnewitz-Str. 9, 18119 Rostock, Germany. You can contact us at the commercial address, as well as through the e-mail: [email protected].
1.2 Acceptance and validity of the General Conditions
The use or acquisition of any of the services offered on this Website attributes to you the condition of User and implies your full and unreserved acceptance of each and every one of the General Conditions (hereinafter, the “General Conditions”) in force at the time you, as User (hereinafter, the “User”), access the page https://www.arcensus-diagnostics.com (hereinafter, “Website”).
Respectively, for all mutual claims arising from and in connection with the conclusion of a contract between Arcensus and you in connection with the Arcensus platform under the domain www.arcensus-diagnostics.com or www.portal.arcensus-diagnostics.com (hereinafter, “the Website”, ” the site”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
Arcensus may, at any time and without prior notice, modify these General Terms and Conditions by publishing such modifications on the Website in order that they may be known by Users at any time, reserving the right to unilaterally modify, in at any time and without prior notice, the presentation, configuration and contents of the Website, as well as the conditions required for its use. Therefore, Arcensus recommends the User to print or save and, in any case, read the General Terms and Conditions each time he accesses the Website. Likewise, it reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered on the Website.
2. General Conditions of use of the Website
2.1 Use of the Website
The User agrees to use the Website in accordance with the Law, with these General Conditions, with the moral and generally accepted good customs and with public order, responding to Arcensus, or against third parties of any damages, that could be caused as a consequence of the breach of said obligation. The User will abstain from using the Website for illicit purposes or effects, contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden or deteriorate the Website or the server on which it is hosted, or prevent its normal use or enjoyment. In the cases in which it is necessary for the use of any of the services included in the Website, the introduction of a user name (hereinafter, “Login”) and password (hereinafter, “Password”), the User will guarantee to make diligent use and under no circumstances to make its Login and Password available to third parties, and must notify Arcensus, as soon as possible, of its loss, theft or any other circumstances that may have compromised its secrecy.
2.2 Obligations of the User
In general, the User undertakes to comply with these General Conditions, as well as comply with the special warnings or instructions for use contained therein or on the Website and always act in accordance with the national law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service you enjoy, abstaining from using the Website in any way that may prevent, damage or impair the normal functioning of the same, the assets or rights of Arcensus, its suppliers, the rest of Users or, in general, of any third party. Specifically, and without implying any restriction to the obligation assumed by the User in general, in accordance with the previous paragraph, the User agrees, in the use of the Website, as well as in the provision of services to: (I) in the case of registering, the User is obliged to provide truthfully the data provided and keep them updated; (II) not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or any other social or personal condition or circumstance (e. g., for health reasons), or in any way violates morality, public order, fundamental rights, public liberties, honour, privacy or the image of third parties and in general the current regulations; (III) to adequately safeguard the login and password provided by Arcensus to Users, as identifiers and enablers for accessing the services offered on the Website, pledging not to cede their use or to allow the access to them from third parties, keeping Arcensus undamaged and assuming the User the responsibility for the damages that may be derived from their improper use. Likewise, the User agrees to notify Arcensus, as quickly as possible, of their loss or theft as well as any risk of access to the login and / or password by a third party; (IV) not to carry out advertising, promotional or commercial exploitation activities through the Website not expressly authorized by Arcensus, nor use the contents and in particular the information obtained through the Website to send advertising, send messages with purposes of direct sales or for any other commercial purpose, nor to collect or store personal data of third parties; (V) not to introduce, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Website, in any of the services offered on the Website, or any of the equipment, systems or networks of Arcensus, of any User, of the providers of Arcensus or in general of any third party, or in any other way be able to cause any type of alteration or prevent the normal operation thereof; (VI) not to destroy, alter, use for its use, disable or damage the data, information, programs or electronic documents of Arcensus, its suppliers or third parties; (VII) not to introduce, store or disseminate through the Website any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it will not hold, in accordance with the law, the right to put it at third party disposition; (VIII) not to use false identities, or to impersonate the identity of others in the use of the Website or in the use of any of the services of the Website, including the use in their case of passwords or access codes of third parties or in any other way.
2.3 Liability exemption
Arcensus will only be liable for any damages that the User may suffer as a result of the use of the Website, when said damages are directly attributable to him. Regarding the information and content included in the Website or to which you may have access as a result of the links established in it, Arcensus does not guarantee, in any way, or access at any time to such information and content, nor its accuracy, nor its actuality or updating, nor its suitability or usefulness for the User’s purposes, not being responsible for the damages and losses of any nature that may be due to the transmission, diffusion, storage, availability, reception, obtaining or accessing the contents included in the Website or those to which access is gained as a result of the links established therein. Arcensus exempts itself (and the User accepts it) from any responsibility for the improper or unauthorized use of the login and password and for the lack of diligence of the User in preserving the secret thereof. Likewise, Arcensus exempts itself (and the User accepts it) from any liability for damages of any kind that may be due, with a purely enunciative and non-limiting character, to (I) the presence of viruses or other harmful elements on the Website, or Websites that can be accessed through the links established in the one that may produce alterations in the computer system, electronic documents or files of the Users; (II) interferences, omissions, interruptions, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of the Users, motivated by causes beyond Arcensus, that prevent or delay the provision of the services or navigation through the system and the Website; (III) delays or blockages in use caused by deficiencies or overloads of the internet or in other electronic systems; (IV) that may be caused by third parties through illegitimate intrusions beyond the control of the Website and that are not attributable to Arcensus; (V) the divergences of the information, documentation and / or other content of the Website that may exist between the electronic version and the printed version; (VI) the impossibility of providing the service or allowing access for reasons not attributable to Arcensus, due to the User, to third parties, or in cases of force majeure. The responsibility of Arcensus with respect to the damages of any nature that could be imputed will not exceed in any case, by express agreement between the parties, the amount that is determined in each case in the particular conditions of the acquired service. Failing this, the total responsibility of Arcensus, except in case of wilful misconduct or gross negligence, will be limited to the net price paid by the corresponding User to Arcensus.
2.4 Use of hyperlinks
The internet User who wants to introduce links from their own webs to the Website must comply with the conditions detailed below without ignoring the same as the responsibilities derived from the law. The link will only link to the home page or Main page of the Website but you will not be able to reproduce it in any way (inline links, copy of texts, graphics, etc). In any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames of any kind that involve the Website or allow the display of contents through internet addresses different from those of the page and, in any case, when viewed together with contents outside the Website in such a way that: (I) it produces, or may produce, error, confusion or deception in the users about the true origin of the service or contents; (II) suppose an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of Arcensus; or (IV) in any other way is prohibited by current legislation.
The page that introduces the link will not be made any type of false, inaccurate, or incorrect statement about Arcensus, its address, employees, customers or about the quality of the services it provides. In no case, will be expressed on the page where the link is located that Arcensus has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies, or supervises the services of the sender. The use of any word, graphic or mixed brand or any other distinctive sign of Arcensus within the sender’s page is prohibited except in cases permitted by law or expressly authorized in writing by Arcensus and whenever permitted, in these cases, a direct link to the Website in the manner established in this clause. The page that establishes the link must faithfully comply with the law and may not in any case dispose of or link to its own content or that of third parties that: (I) are unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc); (II) induce or may induce in the User the false conception that Arcensus subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Arcensus in attention to the place, content and subject of the website of the sender. Likewise, the User will refrain from including on the Website any hyperlink (hereinafter “link”) addressed to a web page that contains information or illegal content, contrary to morality and generally accepted good customs, and public order.
2.5 Policy of Protection of Personal Data
Arcensus recognizes the importance of protecting the sphere of privacy of the User of the Website, for which has developed a Policy of Protection of Personal Data that brings to your attention, so that the User freely and voluntarily decides if you want to facilitate to Arcensus the personal data that may be required or obtained on the occasion of your use of this Website and / or request for any of the services offered in it. Arcensus reserves the right to unilaterally modify, at any time and without prior notice, its Personal Data Protection Policy to adapt it to current legislation at all times.
To request information or, where appropriate, proceed with the contracting or acquisition of the services offered, Users must previously provide Arcensus with certain personal data that will be processed with the purpose of attending the queries made, where appropriate, formalize the contracting at a distance, manage, administer, lend, expand, improve and adapt the services offered on the website. In accordance with the law, the User shall have the right of access, rectification, cancellation, and opposition in accordance with the regulations in vigor with respect to its personal data collected as established in the preceding paragraphs, being able to direct for such purposes, by photocopy of ID, passport or equivalent identity document, to the contact address listed.
Interested parties are informed that they can exercise their rights of access, rectification and cancellation at the following address: Friedrich-Barnewitz-Str. 9, 18119 Rostock, Germany, or at the e-mail address ([email protected]). The User expressly accepts the inclusion of the data collected while browsing the Web page, or provided by completing any form, as well as those derived from the commercial relationship and / or delivery of the purchased services, in the file referred to above. On the other hand, in the case of contracting / using the services offered through the Web that require the treatment of particularly sensitive data (health), the User expressly consents to the processing of said data by the staff of Arcensus, which it will be carried out in accordance with the duty of secrecy and confidentiality, adopting the legal security measures. During the data collection process, and at each place on the Website where such data is requested, the User will be informed, either through a link, either in the form itself, of the mandatory nature or not of collection of data. Arcensus is committed to using the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with their obligation to save them and adapt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with all legal regulations that may be applicable at any time. Finally, in the case of minors their personal data and their genetic information will also be used in a confidential manner, prioritizing in all cases the interest of the child over any other in accordance with the provisions of Organic Law 1/1996, of January 15, of Legal Protection of Minors.
2.6 Use of cookies
The Website has “cookies” that allow Arcensus to obtain a series of data from Users.
What are cookies? Cookies are text files and numbers that contain small amounts of information that can be sent to the User’s device (computer, smartphone, tablet …) when he visits our Website. Although the cookies are sent to a device, they are not able to access personal information or transmit viruses, they only track the navigation on the Web page. If you revisit our website, these cookies are sent back to our website or to another site that recognizes the cookie, which allows us to recognize your device.
How do we use cookies? Cookies are useful because they allow you to navigate more easily between different pages, remember your preferences and we use them to improve your online experience. We currently use session cookies, as well as technical, personalization, analysis and advertising cookies. The latter allow the management of the advertising spaces that appear on the Web based on criteria such as the content or frequency of the ads. Arcensus does not share such cookie based information with third parties. The cookie gathers information anonymously, which means that it cannot be linked back to the user. It collects data such as the number of visitors who have used Arcensus´ Website, where the Users arrive from the Website and what pages they have visited.
How can I disable cookies? You can choose the option that your computer receives a warning each time a cookie is sent or you can choose to deactivate all cookies. To do so, you must go to the configuration menu of your browser (Internet Explorer, Firefox, Chrome …). Each browser is different, so we recommend you check the Help menu of your browser to know how to set your cookies correctly. But remember that it is possible that if you deactivate cookies, you do not have access to some functions that make our website more efficient. If you do not want the data of your visits to be communicated by Google Analytics, you can install the Google Analytics Disabling Add-on for Browsers. Here you can find more information about the installation and the uninstallation of the aforementioned complement: https://tools.google.com/dlpage/gaoptout The aforementioned sites are not Arcensus websites and we are not responsible for their content.
Furthermore, social networks with which Arcensus interacts on the web use cookies in their buttons to share. Arcensus does not have any intervention, control or information of results, which are in the responsibility of each social network. When the User registers with credentials of a social network, he authorizes the corresponding social network to keep a persistent cookie that remembers his identity and guarantees access until it expires. The User can delete said cookie and revoke access by updating their preferences in the corresponding social network. Arcensus recommends the User to review the conditions of use and privacy policies and cookies of the social networks used. As aforementioned, if the User would like to disable cookies the option can be activated that the Users´ computer receives a warning each time a cookie is sent. Alternatively, the User can choose to deactivate all cookies.
2.7 Intellectual and Industrial Property
The content of the Website (hereinafter, the “content”) that includes, for a purely enunciative and non-exclusive purpose, texts, photographs, graphics, images, icons, software, links and other audio-visual content, as well as its graphic design, and source codes are the intellectual property of Arcensus, or third parties who have assigned their use to Arcensus. This content is protected by national laws and international treaties relating to intellectual property rights that are applicable.
Likewise, all trademarks, trade names, or distinctive signs of any kind that appear on the Website are the property of Arcensus or third parties that, if applicable, have authorized Arcensus to include and use them on the Website. All industrial and intellectual property rights on this Website are legally reserved and access to it or its use, by the User, should not be considered as the granting of any license or use right on any active whose ownership or property corresponds to Arcensus or third parties. The total or partial reproduction by any means of the content, trademarks, trade names, and distinctive signs of any kind, included in the Website, as well as the sale, assignment, lease, distribution, public communication, transformation, without prior express authorization of the corresponding owner, is strictly forbidden and will be prosecuted civilly and, where appropriate, criminally, in accordance with the applicable national laws and international treaties.
3. Terms and conditions for the sale of services offered on the Website
3.1 Formation of the Contract, Amendments to the Contract and General Information about Arcensus’ Purchased Services:
Arcensus’ services are genomic testing services involving the collection of a sample, analysis of the sample by Arcensus or its affiliates as described in Arcensus’ consent, continued offering of similar or associated tests, and state-of-the-art genomic reports that include diagnostic or treatment-related health information.
The presentation of the products on the Arcensus platform does not constitute a binding offer by Arcensus to conclude a contract for the delivery of products and the performance of analyses and evaluations.
For all products and services offered by Arcensus, the document of the “Informed Consent” and the respective particular conditions, will expressly regulate the relationships arising between Arcensus and the Patients.
The use and / or acquisition of any of the services offered through Arcensus´ Website implies acceptance, without reservations of any kind, to each and every one of these General Conditions, as well as to the particular conditions that, in the Users´ case, govern the acquisition. In this regard, the User accepts that the services of Arcensus are limited by, mainly, the following questions derived from genetic research: (i) most of the research and genetic studies are carried out in the Caucasian population (European, North American); therefore, it is possible that the interpretations facilitated by Arcensus are not completely valid in case the User does not belong to the aforementioned race; (ii) as a continuation of what is indicated in point (i) above, genetic disease relationships are normally based on ethnic identity, and research focuses on limited populations; thus, these investigations may provide knowledge of a specific population but not of an individual member and, likewise, the relationships have not been studied in many populations and therefore may not be valid for other populations; and (iii) genetic research advances day by day and, consequently, current knowledge of the genetics of certain diseases or individual conditions could be at the time of analysis and interpretation partial and inaccurate. Therefore, as a continuation of the above, the User expressly accepts that Arcensus does not guarantee that its services (including its results) are error-free, 100% accurate, reliable, and safe, have a temporary continuity or respond to certain expectations.
For users of Arcensus’ websites, products and services, the contractual language is English.
We save the contract text and send you the order data by e-mail. You can view the General Terms and Conditions at any time here: https://arcensus-diagnostics.com/toc.
3.2 Retention of Title
We retain ownership of the goods until the purchase price has been paid in full.
3.3 Warranties
Information, drawings, illustrations, technical data, descriptions of weights, dimensions and services contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. Arcensus assumes no liability for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation is decisive.
Insofar as a defect subject to warranty exists, the User is entitled within the scope of the statutory provisions to demand subsequent performance or to withdraw from the contract.
In the event of returns due to defects, Arcensus shall also bear the postage costs.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Arcensus is therefore not liable for the constant and uninterrupted availability of the online offer.
3.4 Limitation of Liability
In all other respects, Arcensus’ liability shall be governed by the statutory provisions, unless otherwise stipulated in these General Terms and Conditions. Arcensus shall be liable for damages, irrespective of the legal grounds, only in the case of intent and gross negligence without limitation. In addition, Arcensus shall have unlimited liability for damages arising from injury to life, body or health in the event of simple negligence. In the event of simple negligence and the breach of an essential contractual obligation (cardinal obligation), Arcensus’ liability shall be limited to the compensation of the foreseeable, typically occurring damage. Liability under the Product Liability Act shall remain unaffected by the above provisions.
To the extent Arcensus’ liability is excluded or limited in these General Terms and Conditions, this shall also apply to the personal liability for damages of Arcensus’ employees, representatives and vicarious agents.
3.5 Termination of Service
The General Terms and Conditions will continue to apply until terminated by either you or Arcensus as set out in this Section.
If you want to terminate your legal agreement with Arcensus, you may do so via contacting [email protected]. Once you submit your request, we will send an email to the email address linked to your Arcensus account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign-in to your account.
Arcensus may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the General Terms and Conditions (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Service); (2) Arcensus is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Arcensus offered the Services to you has terminated its relationship with Arcensus or ceased to offer the Services to you; (4) Arcensus is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Arcensus is, in Arcensus’ opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Arcensus shall not be liable to you or any third party for any termination of your access to the Services.
3.6 Communication between the Parties – Customer Service
For the purposes of these General Terms and Conditions, and for any communication that is necessary between Arcensus and the User, these should be directed to the Customer Service by email (sent a message to the following address: [email protected]) or by written communication addressed to the Customer Service Department: Friedrich-Barnewitz-Str. 9, 18119 Rostock, Germany. The communications from Arcensus to the User will be made in accordance with the data provided by the User when registering. The User accepts expressly for all the communications related to the use of the Web page, and/or the acquisition of services, the use of the non-encrypted electronic mail like valid procedure for the remission of the above mentioned communications. The User exempts Arcensus of any responsibility by the interception or access to the electronic mails by not authorized persons, as well as of any damage or damage that can take place to the User as a consequence of computer virus, failures in the network or analogous suppositions except that they were for cause imputable directly to Arcensus.
3.7 Use and Storage
The User accepts that Arcensus establishes practices and limits in relation to the use of its services including, among others, the maximum number of days that the content can be stored, the maximum space in disk that will be able to be used to store the data of its account, or the maximum number of times that the User can access in a determined time. The User accepts that Arcensus may modify these general practices and limits discretionally and at any time.
3.8 Nullity
If any of the clauses included in the present General Conditions were declared, total or partially, null or ineffective for contravening the applicable legislation, the same one will be considered not put, subsisting the General Conditions in everything else, except that it is a clause whose validity depends on the validity of the General Conditions or its suppression determines a significant decrease in the balance of the reciprocal benefits of the parts. In such a case, the User and Arcensus will negotiate in good faith the substitution of the clause/s declared null or ineffective and the measures that adapt to a greater extent to the intended purpose.
3.9 Changes to the General Terms and Conditions
Arcensus may make changes to the General Terms and Conditions from time to time. When these changes are made, Arcensus will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services. The revised General Terms and Conditions will be effective on or after the posted date. If we make a material change to the General Terms and Conditions, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new General Terms and Conditions. If any change to the General Terms and Conditions is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the General Terms and Conditions have changed, Arcensus will treat your use as acceptance of the updated General Terms and Conditions.
3.10 Violation or Suspected Violation of General Terms and Conditions
If you violate the terms of these General Terms and Conditions and/or Arcensus has a reasonable ground to suspect that you have violated the terms of these General Terms and Conditions, Arcensus has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
3.11 Dispute Resolution. Applicable Law and Jurisdiction
English is the contractual language.
The place of performance for all deliveries is Arcensus’ place of business in Rostock, Germany.
If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the Courts and Tribunals of Rostock, Germany, shall be the place of jurisdiction. In this case, Arcensus is also entitled to sue the customer at the customer’s place of residence at Arcensus’ discretion. The same applies in the event that the customer does not have a general place of jurisdiction in Germany, relocates his place of residence or habitual abode outside of Germany after conclusion of the contract or his place of residence or habitual abode is unknown at the time the action is filed.
The contract in accordance with these General Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Should individual provisions of these General Terms and Conditions be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract.
4. General Information
For further detailed information please consult our data privacy and terms & conditions.
If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally. Our contact information is:
Arcensus GmbH
Friedrich-Barnewitz-Str. 9
18119 Rostock
Germany
Email: [email protected]