1. General Terms for Our Services (“TOS”)

By visiting our website, mobile app and/or purchasing our product, you engage in our Services and agree to be bound by these terms and conditions (“Terms”). Except as specified herein, these TOS apply to all user of this site, and any use of the Services, including but not limited to;

 

Please note, the Genetic Information or Report provided by Absolute Genetic Technologies is for research, informational, and educational use only. Absolute Genetic Technologies’s Services are NOT intended to diagnose any health condition or disease.

 

Please read these TOS carefully before accessing or using our website or Services. You will be required to agree to our TOS to use our Services. You will not be able to use Services if you do not accept the TOS. You can accept the terms of the TOS by

1) clicking the ACCEPT or AGREE button(s) which are required to proceed, where this option is made available, or by 2) by using the Services, you are deemed to have agreed and accepted the terms of this TOS (as they may be revised by Absolute Genetic Technologies from time to time).

 

In addition, when using any area of the Services, you are subject to any guidelines or rules applicable to such services that may be disclosed, requested or posted. All such guidelines or rules are hereby incorporated by reference into the TOS. We also may offer other services from time to time that are governed by different terms of service.

 

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED OR REFERRED BELOW BEFORE YOU REQUEST ACCESS TO OR USE OF ABSOLUTE GENETIC TECHNOLOGIES’ SERVICES. THE TERMS AND CONDITIONS WILL APPLY IN YOUR RELATIONSHIP WITH ABSOLUTE GENETIC TECHNOLOGIES IN RELATION TO SUCH ACCESS AND USE.

 

You now acknowledge and declares that before making such request, you had considered and evaluated the responsibilities and risks which may arise in using ABSOLUTE GENETIC TECHNOLOGIES’s Services and have taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks on its part.

 

You also acknowledge and agree/understand that:

1. you are sending your or your child’s buccal or saliva sample to Absolute Genetic Technologies’s service providers in MALAYSIA, as necessary for them to provide DNA testing in genotyping laboratory.

 

2. this test does not have decisive functions on the person’s psychological development; it only serves as a reference for a child’s potential development or education planning. The test results should not be used for making medical, health or any other decisions without consulting a medical professional.

 

3. Absolute Genetic Technologies may disclose information relating to you or your child, to its employees, agents, contractors and its affiliates and with third parties involved in a transaction with Absolute Genetic Technologies, as well as to other third parties who perform certain functions on Absolute Genetic Technologies’ behalf in the provision, operation and management of Absolute Genetic Technologies Services and to third parties whom Absolute Genetic Technologies considers should be provided with such information to prevent contravention of any law or to protect the Absolute Genetic Technologies Services.

 

2. Definitions

 

1. Absolute Genetic Technologies (including its subsidiaries and affiliates, collectively as “we”, “us” and “our”) with principal place of business at

Absolute Genetic Technologies Sdn Bhd Suite 6-1, Level 6, Lobby A, Wisma UOA II, 21, Jalan Pinang, 50450,

Kuala Lumpur, Malaysia

2. “Applicant” means any person who requests access to or use of Absolute Genetic Technologies;
3. “User” means the Applicant whose request for access to and use of Absolute Genetic Technologies Services is acceded to by ABSOLUTE GENETIC TECHNOLOGIES;
4. "Service" or "Services" includes any or all of the Website, the Web, the App, the Absolute Genetic Technologies DNA Test(s), products, services, training and consultation as accessed from time to time by the user, as they may be upgraded, modified, refreshed, suspended or discontinued by Absolute Genetic Technologies from time to time, regardless of its use in connection with a product purchase or personal account setup;
5. "Personal Information" is information that can be used to identify you or your child, either alone or in combination with other information. Absolute Genetic Technologies collects and stores the following types of Personal Information:
   • "Registration Information" is the information you provide about yourself and your child when registering for and purchasing our Services (e.g.name, phone number, email, address, user ID and password, and payment information).
   • "Genetic Information" refers to information regarding you or your child’s genotype (e.g., the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your or your child’s DNA sample by Absolute Genetic Technologies or by its contractors, successors, providers, and assignees; or otherwise processed by and/or contributed to Absolute Genetic Technologies.
   • "De-identified Information" refers to information that has been stripped of your or your child’s Registration Information (e.g., your child’s name and contact information) and other identifying data such that you or your child cannot reasonably be identified as an individual, also known as pseudonymized information.
   • "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Genetic Information generated by users of Absolute Genetic Technologies Services and transmitted, whether publicly or privately, to or through Absolute Genetic Technologies.
   • “Web Behavior Information” can be defined as information on how you use the Absolute Genetic Technologies website, for example, browse type, domain or page views, collected through log files, cookies and web beacon technology.

 

 

6. “the App” means either or both of the web and smartphone applications owned, operated and/or provided by Absolute Genetic Technologies to provide Absolute Genetic Technologies Services;
7. “the Website” means the website owned, operated and/or provided by Absolute Genetic Technologies to provide Absolute Genetic Technologies Services.

 

The same capitalized expressions used in other terms and conditions of Absolute Genetic Technologies Services shall have the meaning given above when used in these terms and conditions, unless the context requires otherwise or unless expressly agreed otherwise.

 

3. Description of DNA Testing Service:

Before agreeing to undergo the Absolute Genetic Technologies’s DNA Testing Services, it is important that you have read and understand the terms and condition. These describes the procedure and any risks it may involve.

1. Buccal or saliva sample is collected for isolation and purification of DNA for genetic testing. No known or foreseeable risks or side effects are associated with buccal and saliva sampling procedures.
2. While our laboratory adheres to international quality standards, we may not be able to process your child’s sample if the DNA sample does not contain a sufficient volume of DNA due to inadequate sampling, or the results from processing do not meet our standards for accuracy. You understand that a number of samples might require recollection, and should this occur, you do not need to pay extra cost for the first re-test. If the initial processing fails for any of these reasons, Absolute Genetic Technologies will offer to send another kit to you to collect a second sample and reprocess the second sample at no charge. If the second attempt to process the second sample is unsuccessful, Absolute Genetic Technologies will not send additional sample collection kits and you will be entitled solely and exclusively to a complete refund of the amount paid to Absolute Genetic Technologies, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the service.
3. Absolute Genetic Technologies or our service provider will discard your child’s saliva or buccal sample 30 days after it has been analyzed.

 

4. Limitations of DNA Testing Service

1. Absolute Genetic Technologies’s DNA test does not have decisive functions on the person’s psychological development; it only serves as a reference for his/her learning approaches, education planning, or other development insights. The test results should not be used for making medical, health or any other decisions without consulting a medical professional. Always speak to your doctor and seek professional help before taking action.

2. Absolute Genetic Technologies’s genetic testing provides only partial information about the tested traits. Other genetic and environmental factors, parenting, lifestyle choices, culture and social relationship also affect your or your child’s intelligences or potential.

 

3. Unexpected information that you receive about your or your child’s intelligences or potential, weakness may be stressful or upsetting.

 

4. Any assertions or recommendations in the report as to parenting approaches, learning activities, whether specific or general, are based on the following assumptions:

✔ that you or your child are in a good state of health and do not have any medical problems that you are aware of;

✔ that you or your child have not had any recurring illness in the past 12 months;

✔ that you or your child do not have any special needs or developmental disabilities condition;

✔ that no medical practitioner has ever advised you or your child not to exercise;

✔ that you or your child are not on any prescribed medication that may affect your or your child ability to exercise safely or your or your child’s diet;

✔ that you or your child do not have any food allergies; and

✔ that there is no other reason why you or your child should not follow the assertions or recommendations in the report.

5. Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. New scientific evidence may replace or add to the algorithm’s database that was used to analyse your results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may, at its sole discretion, amend or modify your DNA Test report. This may result in a change in your assessment results. You hereby irrevocably waive any and all claims against us for any amendment or modification of DNA Test Report and corresponding services in accordance with our standard operating procedures.

 

5. Charges and other sums payable

The User shall pay all applicable fees, charges and other sums imposed by Absolute Genetic Technologies from time to time for access to and use of Absolute Genetic Technologies Services, at the rate and on the first day of each calendar month or at such other date as may be specified by Absolute Genetic Technologies from time to time.

 

The User shall make such payment in the form required by Absolute Genetic Technologies and if the User makes such payment by credit card or debit card or any electronic or similar method, the User represents and warrants that the User is authorized to use such method and to authorize Absolute Genetic Technologies to charge the payment by such method. If the User’s payment by such method is refused by any third party, the User agrees to allow Absolute Genetic Technologies to deal with the issuer or administrator of such payment method to determine the appropriate person to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to Absolute Genetic Technologies. Notwithstanding the foregoing, the User shall be responsible to resolve any disputes with such issuer or administrator.

 

6. Account Information

 

When you consider the use of our Services, you agree to:

• provide accurate, correct, complete and current Registration Information in using our Service, and
• ensure the Registration Information will be updated in order to provide accurate, correct, complete and current information. If any Registration information that is found to be not accurate, correct or complete, we have the right to suspend or close your account and we may reject current or future use of the Service (or any portion thereof).

 

You are fully responsible for maintaining your password and account security. Any liability, costs or damages that are incurred due to the sharing of your account with a third person will be your sole responsibility. You agree to 1) immediately inform Absolute Genetic Technologies about any unauthorized use of your password or account or any other breach of security, and 2) ensure that you log off from your account at the end of each browsing session. Absolute Genetic Technologies will not take any responsibility regarding any damage or loss caused by failure to comply with this Section.

 

7. Absolute Genetic Technologies Privacy Statement and Disclosure of Information

Your use of any Service is subject to the Privacy Statement, which you shall agree to by (i) clicking to accept the Privacy Statement, where this option is made available to you; or (ii) using any Service.

 

You agree that Absolute Genetic Technologies has the right to monitor any use of its Services at any time and maintain copies documenting such monitoring.

 

You agree that Absolute Genetic Technologies is free to preserve and disclose any Personal Information to law enforcement, governmental, or regulatory agencies, in order to: (i) comply with legal process (such as a judicial proceeding, government inquiry, or regulatory inquiry) or obligations that Absolute Genetic Technologies may owe pursuant to ethical and other professional rules, laws and regulations; (ii) enforce the TOS; (iii) respond to any claims; or (iv) protect the rights, property, or personal safety of Absolute Genetic Technologies, its employees, its users, its clients, and the public. In such an event we will notify you through the contact information you have provided to us, unless doing so would violate the law or a court order.

 

You understand that any buccal or saliva sample once submitted to us is processed in an irreversible manner and cannot be returned to you. Any information derived from your or your child’s sample remains your information, subject to the rights we set forth in this TOS.

 

Absolute Genetic Technologies may, in its sole discretion, restrict access to its Services, including the access to its website, for any reason.

 

8. Indemnity

1. You agree to defend and hold us, and our subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.

 

2. If you have submitted a DNA sample, you will defend and hold harmless Absolute Genetic Technologies, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analysing your or your child’s DNA sample and/or analysing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party tools we provide. In addition, if you choose to provide your Individual Genetic and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless us, our employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

 

3. In no event shall Absolute Genetic Technologies and its employees, agents or contractors be liable for any claim for emotional or psychological distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss. In any event, such liability (if any) of Absolute Genetic Technologies to the User or any third party shall not exceed the sum (if any) hitherto paid by the User to Absolute Genetic Technologies for access and use of Absolute Genetic Technologies’s Services.span>

 

9. Disclaimer of Warranties

You expressly acknowledge and agree that:

• Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranties whether express or implied.
• We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the quality of any products, results, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
• No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOS.

 

10. Limitation of Liability

1. While every effort has been made to empower individuals taking the DNA Testing Services, you are at all times responsible for any actions you take, or do not take, as consequence of the assertions or recommendation in the report, and you will hold Absolute Genetic Technologies, its officers, employees, representatives and service providers, harmless against all losses, costs and expenses in this regard, subject to what is set out below.
2. To the fullest extent permitted by law, neither Absolute Genetic Technologies, nor its officers, employees, representatives and service providers will be liable for any claim, proceedings, loss or damage of any kind arising out of or in connection with acting, or not acting, on the assertions or recommendations in the report. This is a comprehensive exclusion of liability that applies to all damage and loss, including, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, howsoever arising, whether in tort (including negligence), contract or otherwise.

 

11. Intellectual property

Absolute Genetic Technologies does not intend and shall not be taken as granting transferring to the Applicant or the User, any intellectual property right of Absolute Genetic Technologies. Absolute Genetic Technologies owns all right, title and interest, including all related intellectual property rights, in and to Absolute Genetic Technologies Services and any suggestions, ideas, the Applicant or the User.

 

The Applicant and the User shall not and shall not attempt to:

1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise reproduce, use, exploit or make all or any part of Absolute Genetic Technologies Services (including Absolute Genetic Technologies trademarks) in any way;
2. Modify or make derivative works based on Absolute Genetic Technologies Services or to or for any other person or create internet “links” to Absolute Genetic Technologies Services or “frame” or “mirror” any service offered by Absolute Genetic Technologies on the Website, the App and/or the Platform on any other server or wireless or internet-based device;
3. Reverse engineer or access the Website, the App and/or the Platform in order to directly or indirectly in any way –
   • Build a similar or competitive product or service;
   • Build a product using similar ideas, features, functions or graphics of the Website, the App and/or the Platform; or
   • Copy any ideas, features, functions or graphics of the Website, the App and/or the Platform;
4. Launch any automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website, the App and/or the Platform;
5. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, the App and/or the Platform or their contents;
6. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information of Absolute Genetic Technologies without obtaining the prior written consent of Absolute Genetic Technologies;
7. Remove any copyright, trademark or other proprietary rights notices contained in Absolute Genetic Technologies Services; or
8. Use the Apps and/or the Platform to –
   • Send spam or otherwise duplicative or unsolicited messages; • Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including materials harmful to children or in violation of third-party privacy rights;
   • Send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
   • Interfere with or disrupt the integrity or performance of the Website, the App and/or the Platform;
   • Attempt to gain unauthorized access to the Website, the App and/or the Platform or its related systems or networks; or
   • Impersonate any person or otherwise misrepresent their affiliation with a person and shall abstain from any conduct that could possibly damage Absolute Genetic Technologies’ reputation or operations.

12. User’s Materials

The User hereby represents and warrants to Absolute Genetic Technologies that it does and shall possess all intellectual property and other rights to use, disclose, reproduce and publish all content and other materials (including photographs, videos and music) posted or otherwise it makes available to Absolute Genetic Technologies or on the Website, the App and/or the Platform (“the User’s Materials”).

 

The User:

1. Hereby grants to Absolute Genetic Technologies full right, permission and liberty to use, reproduce and transmit the User’s Materials and without royalty or other charge;
2. Hereby acknowledges that the User’s Materials will be made available to the employees, agents and contractors of Absolute Genetic Technologies in relation to Absolute Genetic Technologies Services, and Absolute Genetic Technologies may not be able to monitor or limit or otherwise control their use of the User’s Materials;
3. Hereby releases Absolute Genetic Technologies and its employees, agents and contractors from any liability for their use of the User’s Materials; and
4. Hereby acknowledges and agree that its use (if any) of any sharing function on the Website, the App and/or the Platform to share content to Facebook, Google, LinkedIn or other services will be subject to the service provider’s terms of service.

 

13. Force Majeure

Absolute Genetic Technologies shall not be liable for any failure to perform its obligations under these terms and conditions if the failure results from an event which is beyond the reasonable control of Absolute Genetic Technologies and which results in Absolute Genetic Technologies being unable to observe or perform on time its obligation.

 

14. Waiver

Any delay or failure of Absolute Genetic Technologies to enforce any of these terms and conditions shall not constitute a waiver of such term or condition.

 

15. Law and jurisdiction

All matters related to or arising from these terms and conditions will be interpreted and governed by MALAYSIA law and subject to the exclusive jurisdiction of the courts of MALAYSIA.

 

16. Disputes

Absolute Genetic Technologies and the User will endeavour to resolve any dispute between them arising out of or in connection with these terms and conditions and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, Absolute Genetic Technologies may choose to refer the dispute on an exclusive basis for mediation in the MALAYSIA Mediation Centre or for final resolution by arbitration in MALAYSIA in accordance with the Arbitration Rules of the MALAYSIA International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.

 

17. Question and Complaint

If you have any question about this TOS, please send us email at: info@agtgenetics.com .

Last Updated: February 1, 2023