Please read carefully the Karmagenes genetic test Terms and Conditions before submitting your order form for the Karmagenes genetic test. By submitting your order form, you accept the present Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use Karmagenes genetic testing services nor purchase or otherwise acquire Karmagenes products or services.
This is a legal agreement between you, or the company you represent if you are acting on behalf of such company, and Karmagenes. By ordering a Karmagenes genetic test or purchasing a Karmagenes product or service, you are consenting to be bound by all of the Terms and Conditions set forth below.
Karmagenes genetic test involves examining specific regions of DeoxyriboNucleic Acid (DNA) linked with behavioral characteristics in a novel, easy and scientific way. The aim of the Karmagenes genetic test is to let people know more about themselves, add value to self-assessment tests and therefore it has the potential to better connect people. Hence, Karmagenes provides an innovative approach of how people can better know themselves and connect with others in an avant-gardist way. Karmagenes’s goal is to make the public understand that DNA, genetic tests and science in general, can also be used in an approachable, fun and innovative way. The knowledge provided by the Karmagenes’s experts will help you to have a first approach in a simple and clear manner to the complex science of DNA. Our experts are also available to clarify the doubts and concerns you may have about the DNA testing proposed by Karmagenes.
By no means Karmagenes genetic testing results should be seen as a final and definite description of your behavioral characteristics. It should be stressed that the results are based on what your DNA is telling regarding these specific behavioral characteristics. However, such characteristics are also influenced by the environmental factors in your life. While your genetic background will always remain the same and underlies your personality traits, the environmental factors such as your family, your school, your cultural background, your friends and colleagues, your professional experiences, will also contribute to the definition of your behavioral characteristics, your personality and who you are today.
The customer places an order for a Karmagenes genetic test or other products of services of Karmagenes through on-line order form available on the Karamagenes Websites (in particular www.karmagenes.co and www.kg.land) and pays in advance for the test, product or service. All orders are subject to acceptance by Karmagenes and Karmagenes has the sole discretion to reject any order at any time, regardless of whether the order was confirmed. If you have already paid for your order that is subsequently rejected, Karmagenes will refund the amount you paid to your credit card. Karmagenes does not have to justify its refusal and there is no right for the customer to obtain explanations on the refusal. When the order is accepted, Karmagenes informs (per email) the customers of the acceptance only if requested by the customer in the on-line order form and if an e-mail address has been provided in the on-line order form. For genetic tests, within two (2) weeks after acceptance, Karmagenes sends to the customer the DNA sample collector kit by post. Karmagenes will inform the customer of any delay in sending the kit. If, for any reason, the customer does not receive the DNA sample collector kit and Karmagenes has no proof of delivery from a post or delivery service, Karmagenes will send one (but no more than one) additional kit, free of charge, upon request from the customer.
The customer agrees not to purchase any tests, goods or services from Karmagenes if such purchase is illegal in his/her home country or country of residence. Karmagenes will not be held responsible for any breach of domestic legislation by customers who purchased services and goods that are illegal in their home country or country of residence.
The DNA sample to be used for the Karmagenes genetic test is collected by the customer himself/herself. The DNA samples to be collected are epithelial cells from the customer’s internal cheeks/ mouth, which are collected simply by rubbing a swab in the customer’s mouth. Clear and detailed instructions on how to perform the DNA collection in a safe and effective way are provided by Karmagenes with the DNA sample collector kit. The Karmagenes experts remain available to provide any additional information to the customer on the way to collect the DNA sample or clarify any doubts or concerns regarding the quantity and quality of the sample collected by the customer.
Karmagenes will acknowledge the receipt of the DNA sample to the customer only if requested by the customer in the on-line order form and if an e-mail address has been provided in the on-line order form.
Karmagenes shall not be held responsible for the loss of the sample sent for testing or if the sample can not be used for testing, in case it was sent to a wrong address, or if it was destroyed or tampered with by the customer, the postal service or any third party, including during transport.
Karmagenes genetic test is performed after receiving the DNA sample of the customers, which is sent by post or delivery service by the customer, by an internationally well-established Swiss Laboratory that is certified by ISO 9001:2008 and ISO 17025:2005. The test will be conducted only if the customer has followed the requirements and instructions provided by Karmagenes for the collection and posting of the DNA sample.
Karmagenes is entitled to ask for additional sample material if the quantity or quality provided by the customer is not adequate to perform the genetic test in an effective way. This additional sample request will not induce additional costs for the customer besides the mailing costs to send back the additional sample. If the additional sample requested by Karmagenes is not provided by the customer within 4 weeks, Karmagenes may consider that the customer has cancelled his/her order. In such a case, no genetic testing will be conducted and no reimbursement of the advance payment will be made.
The timeframe for performing the genetic test is 3 or 4 weeks in average after receiving the customer DNA sample. Karmagenes will not be held responsible for any unforeseen delay in the processing of the genetic test but will inform the customer if the test cannot be performed within 4 weeks following the reception of the DNA sample.
The DNA sample material sent for testing is used only to perform the requested testing and it will not be used for any other purpose, analysis or study. The entire DNA sample used for the test and any possible remaining DNA sample will be entirely destroyed 4 weeks after the Karmagenes test has been performed. If the customer wishes to perform later another analysis, he/she will have to provide a new DNA sample. If the customer wants his DNA to be kept by Karmagenes he needs to notify it to Karmagenes in a written form (including emails) and Karmagenes shall not be obliged to accept the request
Karmagenes does not provide any genetic consultation regarding DNA related diseases and/ or disorders. Karmagenes genetic testing is for informational purposes only, it is not a medical advice, and does not substitute professional medical advice, genetic counseling, diagnosis or treatment. The development of the genetic test and performance of the analysis are based on current knowledge of the molecular biological data and it should be noted that results of DNA testing might evolve over time as more information becomes available and technology improves.
The test results are issued only to the customer who ordered the genetic test (only sent to the mailing address given by the customer). Karmagenes shall not disclose the personal data of the customer or the results of the genetic test to any third party excepted upon the customer’s explicit written authorization (including per email). Karmagenes genetic test results are sent to the customer via mail or email, as indicated in the on-line order form, within 3 to 4 weeks in average after receiving the customer DNA sample.
The Karmagenes genetic test does not give “positive” or “negative” results but DNA traits regarding specific behavioral characteristics. The interpretation of the genetic test analysis is based on the latest and on the highest standard of the molecular biological science, which are constantly developing and improving thanks to the scientific and technological progress. The results of genetic tests issued by Karmagenes are based on the latest and published scientific research of the highest standard. It should be noted that genetics and the question of the interactions of various genes is still an ever-developing science, which may affect the results of a genetic test at different moments in time.
Karmagenes shall not be held responsible for any legal, material, social, physical, medical, psychological or moral consequences that may be claimed to have been induced by or be related in any manner with the results of the Karmagenes genetic test or the test itself or other products or services delivered by Karmagenes.
The customer’s Karmagenes genetic test results will be kept in our possession during one (1) year after they have been sent to the customer and if after this period the customer wishes these results to be kept by Karmagenes for an additional one (1) year period or more, he/she will have to officially request in a written form (including per email) to Karmagenes to do so. Karmagenes reserves its right to refuse such request and in this case, it will duly inform the customer of its decision.
Karmagenes reserves its right to suspend or cancel an order for genetic testing if it has reasons to believe that the customer provided fake data to Karmagenes or he/she is trying or intending to use Karmagenes genetic test for discriminative reasons, any illegal purpose and/or any purpose which is not in accordance with the objectives of the Karmagenes genetic testing explained in the present Terms and Conditions.
The Karmagenes logos, the Karmagenes copyrights, the Karmagenes Websites, its contents and its underlying software are protected by law. Any reproduction, modification, distribution, transmission, republication, display or performance of the content of the Karmagenes genetic testing and related documentation, including its Websites and underlying software are prohibited excepted with the explicit and written authorization of Karmagenes.
Karmagenes may restrict, suspend or cancel a visitor and/or customer’s access to the Karmagenes Websites if Karmagenes has reasons to believe that the visitor and/customer is trying to or has breached the present Terms and Conditions.
Karmagenes may suspend or terminate its services without advance notice to potential customers. In such circumstances, all the customers with pending orders will be contacted and depending on the status of their order may be reimbursed or will be provided with the results of the Karmagenes genetic testing. Karmagenes will not be held responsible for any claims related to the suspension or termination of its services.
The information (including results), content graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the “materials”) contained in your results, Karmagenes products and services, and its Websites are protected by copyright and other intellectual property laws. Subject to compliance at all times with these Terms and Conditions, we grant you, for a period of time, a non-exclusive license for personal purposes. Personal purposes means for reading, viewing and/or printing of one available copy of the materials, as long as all copyright, trademark and other proprietary notices are left intact. Any other use of the contents of the genetic analysis, such as the reproduction, modification, distribution, transmission, re-publication, or use of content is prohibited. Any other use of your printed results, the purchased products and services and Karmagenes’ Websites, their contents and their underlying software, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on Karmagenes Websites is strictly prohibited.
You are responsible for ensuring that no unauthorized access is obtained into your account or the materials. You will be entirely liable for all activities conducted through your account whether authorized by you or not until you have notified us of such unauthorized use and we have stopped access to your user account. If we have reason to believe that there is likely to be a breach of security or misuse of your account, we may change any or all of your password or security code and notify you accordingly.
DNA testing results will be delivered to you in a pdf file attached to an email and you are responsible for their security and safekeeping. You can disclose your results to third parties on your sole responsibility.
Material products will be delivered to your address through ordinary mail or courier service against prior payment of the delivery costs. You are responsible for organizing receipt of the items and making sure that persons receiving products on your behalf are duly authorized to do so.
The price indicated on the on-line order form and paid in advance by the customer is final and will not be subjected to revision. The DNA sample collection kit and any other product or service of Karmagenes is sent to the customer only once his/her payment has been received.
The customer may cancel his/her order for DNA testing and obtain full refund of the payment provided the cancellation is submitted to Karmagenes in a written form (including emails) within seven (7) days after having received the DNA sample collector kit. In this case, the DNA collector kit shall be returned to Karmagenes, unused, complete and in a re-saleable condition, at the customer expenses. If these conditions are not met, Karmagenes may demand the reimbursement of the DNA sample collector kit.
Once the DNA sample collector kit has been sent back to Karmagenes and has been processed for testing, the customer may request to cancel his/her order to have his/her DNA analyzed but no reimbursement will be made.
Karmagenes may adjust the prices of its services at any time, in particular to take into account the technological latest developments. Prices indicated on the Karmagenes websites at the time of the order placement by the customer are the prices charged to the customer.
Karmagenes seeks to ensure that you are happy using our services and products. Where any valid claim in respect to the customer’s order or any defect in the quality, damage or condition of the items or services or their failure to meet the specification and/or objectives indicated in the present Terms and Conditions, Karmagenes shall be entitled to replace the items or services free of charge or, at Karmagenes sole discretion, refund the price of the items or services (or a proportionate part of the order). All further liability of Karmagenes is expressly excluded and Karmagenes shall be discharged from any further liability to the customer to the largest extent permitted pursuant to Swiss substantive law.
Karmagenes wants to ensure that the customers are satisfied with their orders. In case of problem of complaint, please send an email to firstname.lastname@example.org
Karmagenes is responsible to ensure that its Websites are fully operational at all times. However, due to the nature of interactive services and the Internet generally, Karmagenes cannot guarantee that its Websites will always be free from delays, interruptions or errors. Therefore, it may happen that the access to Karmagenes Websites may be suspended (whether by Karmagenes itself or due to external causes) temporarily and/or without notice. Karmagenes makes no representations, warranties or undertakings that its Websites, or the server that makes them available, will be compatible with the customer’s equipment or free from defects, including but not limited to viruses or other harmful elements. Karmagenes accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond Karmagenes control, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Website or the customer’s equipment. Karmagenes will not be liable for any loss or damage arising from the Websites not being available (whether for internal processing reasons or otherwise). Karmagenes provide links to Websites on the Internet that are operated by third parties. Such links are provided for the customer’s convenience only. Karmagenes makes no representations whatsoever about any other websites which the customer may access through Karmagenes Websites or which may link to the Websites. When the customer accesses any other Website he/she should know that it is independent from Karmagenes and that Karmagenes has no control over the content or availability or privacy practices of Karmagenes Websites.
The Karmagenes Websites are controlled, operated and administered by Karmagenes (or its licensees) from its offices in Switzerland and are not intended to subject Karmagenes to the laws or jurisdiction of any state, country or territory other than those of Switzerland. Those who choose to access the Karmagenes Websites and DNA testing services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Swiss export controls and are responsible for any violations of such controls, including without limitation any Swiss embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the customer. Without limiting the foregoing, Karmagenes may have your data stored with third parties in Switzerland and abroad and may limit Karmagenes Websites’ and DNA testing services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in its sole discretion.
Karmagenes and the people involved in Karmagenes shall not be held responsible for any direct, consequential, indirect or any other claims of damages arising out of performed Karmagenes genetic test or use of Karmagenes genetic test results or otherwise in relation with Karmagenes products or services. In no case shall the liability of Karmagenes, its divisions, partners, subsidiaries, parent companies or their employees exceed the amount paid by the customer for the Karmagenes corresponding genetic test, product or service. Any claim against Karmagenes, its divisions, partners, subsidiaries, parent companies or their employees shall be submitted in accordance with the relevant provisions of the Swiss legislation.
By placing an order, the customer warrants that he/she is legally capable of entering into this binding contract and that he/she is at least 18 years old or has the written approval of his/her legal guardian (s) if under 18 years. Karmagenes shall not disclose the personal data of the customer or the results of the genetic test to any third parties excepted for purposes of storage and/or in conformity with data protection rules.
If the customer sends to Karmagenes a DNA sample relating to a third person, he/she must have the full permission and explicit consent from that person in a written form, which consent has to be sent to Karmagenes. Such consent must explicitly state that the person whose DNA is sent is by no mean under any kind of pressure or incentive to do so and shall provide the contact references of such person.
Any content or information received on or through by Karmagenes services should not be used as the sole basis for important personal decisions and, if need be, the customer should consult an appropriate professional for advice which is particularly adjusted to his/her specific, particular and personal circumstances. Karmagenes hereby excludes any warranties to the fullest extent permitted by Swiss law, whether express or implied, as to the availability, accuracy, completeness, performance or timeliness for a particular purpose of the Site or any of its contents, services or products. Any limitations or exclusions set out in these Terms and Conditions will not operate to affect any statutory rights to which the customer may be entitled. The customer agrees to indemnify Karmagenes and keep Karmagenes indemnified in respect to any partial or complete loss and/or damage suffered in connection to the use of the Karmagenes services or products in breach of the present Terms and Conditions and in respect of all claims or legal proceedings brought or threatened against Karmagenes by any third party in connection with the customer’s use of Karmagenes services or products. Such indemnification includes attorney’s fees and charges, court and arbitration costs, arising out of or relating to these Terms and Conditions.
Karmagenes reserves its right to revise the present Terms and Conditions. In case of any modification in the present Terms and Conditions, Karmagenes will change accordingly de date of edition of the present Terms and Conditions. Any such revised terms will be posted on the Karmagenes Websites. The Terms and Conditions in force and accepted by the customer at the time of the placement of his/her order are the Terms and Conditions binding for both Karmagenes and the customer. The continuing use of Karmagenes services after such changes, shall be deemed acceptance by the customer to be bound by these revised Terms and Conditions. Therefore, we recommend to our customers, in particular customers on a regularly basis, to check before every order if the present Terms and Conditions have been modified. It is the customer’s responsibility to review these Terms and Conditions.
Karmagenes may terminate these Terms and Conditions and all or part of its DNA testing services upon written notice to you without penalty, if: (a) you commit a material breach of these Terms and fail to remedy such breach within thirty (30) days of receiving notice of such breach, or (b) you become involved in any legal proceeding concerning your solvency, have a receiver or administrator appointed of any of your assets, cease or threaten to cease operations, or otherwise have a serious and reasonable doubt arise respecting your solvency.
Upon termination of these Terms and Conditions for your breach or insolvency: (a) all of Karmagenes’ performance obligations hereunder shall immediately cease, (b) your license to use any intellectual property provided to you hereunder shall immediately cease, and (c) any payments then due to Karmagenes shall become immediately payable in full.
The internal substantive laws of Switzerland shall govern these Terms and Conditions and shall apply in relation to any dispute arising in connection with products or services delivered by Karmagenes. The courts of Switzerland shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with these Terms and Conditions and the genetic test performed by Karmagenes, and other products or services delivered by Karmagenes, regardless of the laws that might be applicable under principles of conflicts of law.