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Conditions of service provision

Eligens SIA

These Conditions of Service Provision were last updated on 25 May 2023.

By using the Eligens SIA website https://eligens.io/ and/or placing an order for the Eligens SIA service, the User/Client agrees to all the conditions of service set out in this document (hereinafter referred to as the “Conditions”). In the event that the User/Client does not agree to any provision of these Conditions, the User/Client shall not be entitled to use the Eligens SIA website and/or receive Eligens SIA services.

1. TERMS USED IN THE CONDITIONS

1.1. The following terms are used in these Conditions:

  • Contractor – Eligens SIA, unified registration number: 50203470741, E-mail: support@eligens.io.
  • User - any person who directly or indirectly uses the Website.
  • Client – a person with legal capacity (a natural person who has reached the age of 18 years and whose legal capacity has not been restricted by a court) who places an Order for the Service on the Website.
  • Parties – Contractor and User/Client together.
  • Website – https://eligens.io/.
  • Service – any procedure or activity offered by the Contractor on the Website to Users of the Website.
  • Order – The wish expressed by the Client to order the Service on the Website.
  • Contract – When the Client places an Order for the Service on the Website, a contract shall be concluded between the Client and the Service Provider, the terms of which shall be in accordance with these Conditions.
  • User name - The email address the User chose when registering and uses when using the Website. It is prohibited for the same User to register and use more than one User name.
  • Password - A combination of symbols, letters and numbers chosen by the User or generated automatically, which, together with the User's name, identifies the User when using the Website.
  • Personal office – a section of the Website accessible only by the User by entering his User Name and Password, and where the information entered by the User and information about the Orders/ Services received are available.
  • Biomaterial collection kit – a set of devices by means of which the Client collects saliva (hereinafter referred to as “biomaterial”) and sends it to a laboratory specified by the Contractor for DNA testing and for the performance of the Services.

1.2. These Conditions may use terms other than those referred to in Clause 1.1 of these Conditions. In such case, the meaning of the terms shall be determined in accordance with the text of the Conditions. If the meaning of a term cannot be determined from the text of the Conditions, it shall be determined on the basis of the laws and regulations of the Republic of Latvia and the content of the Website.

2. GENERAL CONDITIONS

2.1. By commencing use of the Website, the User gives his/her informed consent and agrees with the Contractor to comply with these Conditions in full and to be bound by them. In the event that the User does not agree to the Conditions or any part thereof, the User shall not be entitled to use the Website.

2.2. The User shall be bound by the version of the Conditions which is posted on the Website at the time of its use.

2.3. The Contractor shall have the right to amend these Conditions. Before using the Website and before placing an Order, the User/Client is kindly requested to read the Conditions and make sure that the content of the Conditions is clear to them.

2.4. When registering on the Website, the Client must provide its correct personal data in the relevant fields on the Website, which will be processed by the Contractor in accordance with the Privacy Policy.

3. ENTERING INTO CONTRACT ON THE PROVISION OF SERVICES

3.1. The Contract between the Client and the Contractor shall be deemed to have been concluded when the Client has placed an Order on the Website, entered the requested information and the Contractor has sent the Client a confirmation of the conclusion of the Contract to the email address provided by the Client at the time of the Order.

3.2. Together with the confirmation of the Order, the Contractor shall send to the Client the version of the Conditions in force at the time of the Order, which shall govern the rights and obligations of the Client and the Contractor with respect to the receipt - provision of a particular Service, the liability of the Parties and other matters related to the receipt - provision of a particular Service.

3.3. The Contract shall remain in force until the Parties have fulfilled their obligations under the Contract in full.

3.4. When placing an Order, the Client must provide its correct personal data in the relevant fields on the Website, which will be processed by the Contractor in accordance with the Privacy Policy.

4. PAYMENT

4.1. The price for the Service is the final price for the Service, including taxes and levies, delivery and postage, and is as set out on the Website at the time each Order is placed.

4.2. The Client shall pay for the Service in the manner set out on the Website.

4.3. Regarding international shipping, the standard practice incorporates customs duties within the overall shipping expenses. Nevertheless, residents of countries classified as Non-Delivery Duties Paid (countries outside European Union) bear the responsibility for settling any customs duties imposed on the orders they receive.

5. RIGHT OF WITHDRAWAL

5.1. This section of the Conditions applies only to Clients who, for the purposes of the Consumer Rights Protection Law, are deemed to be consumers (natural persons who purchase the Service for a purpose unrelated to their business or professional activity).

5.2. The Client acknowledges and confirms by entering into the Contract that it wishes to receive the Service within the right of withdrawal period specified in Clause 5.4.

5.3. The Client confirms that if the performance of the Service is related to the provision of digital content (information) to the Client in the Client's Personal office and the performance of this Service has been started within the right of withdrawal period specified in Clause 5.4., the Client loses the right of withdrawal.

5.4. If the Client has ordered a Service, for the provision of which it is necessary to send the Client a Biomaterial collection kit, the Client may exercise its right of withdrawal and withdraw from the Service by unilateral withdrawal from the Contract within 14 days from the date of the Contract (Clause 3.1 of the Conditions), by sending to the Contractor's e-mail address: support@eligens.io a completed Withdrawal Form, subject to the following conditions:

5.4.1. If the Client exercises the right of withdrawal within the period specified in Clause 5.4 of these Conditions and before the Contractor has sent the Biomaterial collection kit to the Client at the postal address provided at the time of the Order, the Contractor shall, within 14 days of receipt of the completed Withdrawal Form, refund the Service Price to the Client.

5.4.2. If the Client exercises the right of withdrawal within the period specified in Clause 5.4 of these Conditions, but after the Contractor has sent the Biomaterial collection kit to the Client at the postal address provided by the Client at the time of the Order, the Contractor shall, within 14 days of receipt of the completed Withdrawal Form, refund to the Client the Service Price less the delivery price of the Biomaterial collection kit and the value of the Biomaterial collection kit which shall be set at EUR 7 (refer to Clause 5.5 of the Conditions).

5.4.3. If the Client exercises the right of withdrawal within the period specified in Clause 5.4 of these Conditions and after the Contractor has sent the Biomaterial collection kit to the Client at the postal address provided at the time of the Order and the Client has sent the collected Biomaterial to the Contractor, the Client shall not be entitled to exercise the right of withdrawal and the Contractor shall not refund the Service Price or any part of the Service Price to the Client.

5.5. From the moment the Contractor has dispatched the Biomaterial collection kit to the Client, the return of the Biomaterial collection kit to the Contractor shall not be possible for health and hygiene reasons.

6. SERVICE AND THE PROCEDURE OF PERFORMANCE THEREOF

6.1. The Contractor shall provide Services related to the performance of DNA tests (performed by the Contractor's cooperation partners - certified laboratories) and/or analysis (interpretation) of DNA tests by providing the Client with advice in the form of digital content in the Client's Personal office on the Website, the content of which depends on the type of Service ordered by the Client.

6.2. The Contractor shall only provide the Services that are specified and available on the Website.

6.3. Information about each Service and its terms and conditions is available on the Website by selecting the Service of interest. Before placing each Order, the Client is obliged to carefully read the information on the Service.

6.4. All Services offered on the Website are available unless otherwise stated.

6.5. The Contractor shall not offer or provide medical advice, medical services, diagnoses or substitute medical practitioners. The Services provided by the Contractor shall be informative and knowledge-enhancing.

6.6. Services requiring the collection of the Client's biomaterial (saliva) for DNA testing shall be provided by the Contractor in collaboration with certified laboratories that have obtained the appropriate licences and permits for DNA testing. The Contractor shall not perform the DNA tests, but only interpret them.

6.7. The Services provided by the Contractor, which include the interpretation of DNA tests, do not contain medical information and are in no way a substitute for medical advice or services.

6.8. When using the Contractor's Services, the Client should be aware that the information it receives during the performance of the Services may cause strong emotions in the Client and may change the Client's life in the future. The Client may receive information about himself which will upset him and which he will have to live with in the future. The information received may affect the Client's relationship with his relatives and family members. The Client should be aware that information is not always positive and how it may have irreversible consequences on the person's life. The Contractor warns that dissatisfaction with the information received does not constitute non-compliance with the terms of the Service and cannot be the basis for returning the payment for the Service to the Client or for claiming damages from the Contractor.

6.9. The Contractor shall provide the Client with information on the results of the DNA test in accordance with the Service ordered by the Client on the Website in the form of digital content in the Client's Personal office.

6.10. Upon receipt of a Biomaterial collection kit, the Client shall carefully read the Instructions on Collection and Shipping of Biomaterial that accompany each Biomaterial collection kit. Failure to comply with the instructions shall risk failure to provide the Service, for which the Client shall be fully responsible. In the event that the Client sends unsuitable biomaterial, the Service provided by the Contractor shall not be deemed to be non-conforming.

6.11. In the event that the laboratory determines that the biomaterial received from the Client is defective in such a way that a DNA test cannot be performed, the Contractor shall inform the Client thereof and return the Biomaterial collection kit to the Client. In the event that the DNA test cannot be performed even after receipt of the retested biomaterial, the Contractor shall refund to the Client the price paid for the Service.

6.12. The Client shall send the collected biomaterial - Biomaterial collection kit to the Contractor within 1 (one) year from the date of receipt of the Biomaterial collection kit. If the Client fails to send the biomaterial to the Contractor within this period, the Order shall be cancelled and the Contractor shall not refund the Client the price paid for the particular Service.

6.13. The Order shall be deemed to have been fulfilled and the Service shall be deemed to have been completed when the digital content in accordance with the Service ordered by the Client is published in the Client's Personal office.

6.14. The maximum time limit for the performance of any Service available on the Website shall be 120 (one hundred and twenty) calendar days from the date on which the biomaterial is sent to the Contractor by the Client unless a different time limit is specified when placing the Order.

6.15. The Contractor shall not be liable for any failure or partial performance, or delay in performance of, its obligations under the Contract if the failure is due to Force Majeure (e.g. amendments to or additions to binding legislation or the adoption and/or entry into force of new such legislation, sanctions, natural disasters and acts of God, acts of war, strikes, disruptions in communications, information systems, epidemics and pandemics) and other circumstances beyond the Contractor's reasonable control.

6.16. The images displayed on the Website are informative.

7. RIGHTS AND OBLIGATIONS OF THE USER/CLIENT

7.1. The User has the right to create a Personal office on the Website by registering with the e-mail address (User Name) and Password of his/her choice.

7.2. In order to receive the Contractor's Service, the User is obliged to register on the Website by creating a Personal office.

7.3. When registering on the Website, the User is obliged, inter alia, to comply with the following rules:

  • The User must complete all requested fields with accurate and truthful information;
  • The User is responsible for the truthfulness and legality of the information provided;
  • The User is prohibited from providing misleading information about himself/herself and/or impersonating another person.

7.4. The User has the right to use the Website only for lawful purposes and in such a way that the rights of other Users are not infringed.

7.5. All information published by the User on the Website must comply with ethical and moral standards.

7.6. The User is prohibited from publishing, sending, or otherwise distributing and/or reproducing via the Website:

  • Information containing non-normative, offensive language;
  • Photos and other information containing nudity, sexuality, pornography, violence, racism, discrimination;
  • Any information that may breach the confidentiality of others;
  • Any personal information of others, without the permission of those persons or, if the person is a minor, without the express permission of his or her legal guardians.

7.7. The Client shall be entitled to place an Order for the Service on the Website in accordance with these Conditions.

7.8. The Client shall be entitled to receive the Service ordered and paid for, except as provided in these Conditions.

7.9. The Client is obliged to provide accurate and correct information when placing an Order. In the event that the Client provides inaccurate / incorrect / misleading information, the Contractor shall not be liable for any failure to perform the Service.

7.10. The Client shall pay for the Service in accordance with these Conditions.

7.11. The User/Client is obliged to use the Website in good faith, in compliance with these Conditions and the laws and regulations of the Republic of Latvia.

7.12. The User has the right to delete the User's Personal office. The User can do this in his Personal office. After 30 days from the receipt of the request, the User's Personal office shall be permanently deleted, including all information posted in the User's Personal office. Until the expiry of the aforementioned period, the User shall have the right to revoke the deletion of his/her Personal office in his/her Personal office.

8. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

8.1. The Contractor shall have the right, at its sole discretion and without justification, to refuse the User's registration on the Website.

8.2. The Contractor shall have the right, at its sole discretion and without justification, to delete any information published on the Website by the User.

8.3. The Contractor shall have the right to cancel the Client 's Order in accordance with these Conditions.

8.4. The Contractor shall have the right to refuse to provide the Service to the Client if the Contractor has reasonable grounds to suspect that the Client is using or intends to use the Service for illegal or unethical purposes.

8.5. The Contractor undertakes to provide the Service ordered by the Client in accordance with these Conditions.

8.6. The Contractor undertakes to comply with these Conditions and the laws and regulations of the Republic of Latvia.

9. LIABILITY

9.1. The User/Sender is responsible for his/her actions when using the Website.

9.2. The User/Sender is responsible for the accuracy of the information provided by the User/Sender when using the Website.

9.3. The User/Sender acknowledges that he/she is fully responsible for all information that he/she provides/posts on the Website, including information that the User/Sender provides in his/her Personal office and/or Personal office access data (User Name and Password).

9.4. The User/Sender is responsible for the disclosure/non-disclosure of his/her Password to third parties and is fully responsible for all activities carried out using the User's name and Password. The Contractor shall not be held liable in cases where third parties use the User's Personal Cabinet access data (User Name and Password) with or without the User's knowledge).

9.5. The User/Sender shall immediately notify the Contractor of any unauthorised use of the User/Sender's password or any other breach of security.

9.6. The Client shall be liable for all damages suffered by the Contractor if the Client delivers to the Contractor Biomaterial that has been illegally obtained.

9.7. The Client shall be responsible for the accuracy of all information provided to the Contractor and the Client acknowledges that it has the right to provide the Contractor with the information and data necessary for the provision of the Service. In the event of a breach of this clause, the Client shall indemnify the Contractor against all damages.

9.8. The Contractor shall, to the extent not inconsistent with applicable law, be exempt from any liability where the loss is caused by the Client 's failure to read these Conditions, the Privacy Policy, the Cookie Policy and other documents referred to in these Conditions, notwithstanding the Contractor's recommendations and its obligations, even though the Client was given the opportunity to do so.

9.9. The Contractor shall not be liable for any damages that the Client or any other person may suffer as a result of the Service.

9.10. The Parties shall be liable for breach of the Contract concluded through the Website in accordance with the procedure established by the legislation of the Republic of Latvia.

10. PERSONAL DATA PROCESSING

10.1. The Contractor shall process the personal data of the User/Client in accordance with the Privacy Policy and Cookie policy, which are continuously available on the Website.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The Contractor has intellectual property rights to all content, code, software, including copyright, industrial property rights. All texts, descriptions of services, photographs, signs, designs, logos and other information appearing on the Website, as well as the code and software of the Website are the property of the Contractor or the Contractor shall exercise the rights granted to it under the law.

11.2. Any processing, translation, copying, distribution and/or other use of the content, code, software of the Website without the Contractor's prior written consent shall be deemed a violation of the Contractor's rights and shall be liable under the laws and regulations of the Republic of Latvia.

11.3. The User/ Client shall not be entitled to process, translate, copy, distribute or otherwise use the content, code, software of the Website without the Contractor's prior written permission.

12. APPLICATION OF LAW AND FINAL PROVISIONS

12.1. These Conditions have been drawn up in accordance with the applicable laws and regulations of the Republic of Latvia.

12.2. By utilizing the Services provided by the Contractor, the User/Client acknowledges and agrees to adhere to those provisions in accordance with the laws applicable to online activities within User’s/ Client’s jurisdiction.

12.3. The User/Client commits to complying with all pertinent regulations governing the transmission of technical data originating from the European Union or the nation from which The User/Client accesses any online Service.

12.4. The Client affirms that the provision of Client’s Biomaterial is not restricted by any export bans or limitations within Client’s country of residence.

12.5. All disputes that may arise between the Contractor and the User/ Client shall be settled through negotiations, but if the Parties fail to reach an agreement, the dispute shall be settled in a court of general jurisdiction of the Republic of Latvia.

12.6. If the Client is dissatisfied with the quality of the Service, the Client may submit a complaint to the Contractor by sending it to the Contractor's e-mail address: support@eligens.io. When submitting a complaint, the Client shall specify the Service Order number.

12.7. The Contractor shall provide the Client with a response to the complaint within 14 days of receipt of the complaint by sending it to the email address provided by the Client.

12.8. If the User/ Client disagrees with the Contractor's response to the Client 's written claim, the Client (consumer) may submit his/her request/complaint to the Consumer Rights Protection Centre, located at Brīvības street 55, Riga, LV- 1010, e-mail: pasts@ptac.gov.lv. Consumer disputes shall be settled out of court by the Consumer Dispute Resolution Commission, located at Brīvības street 55, Riga, LV-1010, Latvia, https://www.ptac.gov.lv/lv.

13. CONTACT DETAILS

13.1. If you have any questions in connection with these Conditions, please contact us:

  • By sending your question to us by e-mail: support@eligens.io.
  • By sending your question to us by post to our registered office at Stabu iela, 10, Riga, LV-1010, Latvia.