Terms of Service
Terms of Service
Please read these Terms of Service (“TOS”) carefully before using the Services. This site and the Services offered through this site are for use by residents of Canada. The Services are provided by GenXys Health Care Systems Inc. (“GenXys”, “we” or “us”) with its main office located at the Department of Family Practice, The University of British Columbia, 320-5950 University, Vancouver, BC, Canada V6T 1Z3.
By accessing or using the Services, you indicate your understanding and acceptance of the conditions and limitations in this document, and you agree to be bound by these TOS. These TOS apply to all users and visitors who access or use the Services. If you do not agree to these TOS, then you may not use the Services.
The TOS that govern the use of GenXys’ website and online accounts are the ones in effect each time you access or use those Services. The TOS that govern the use of TreatGx software are the ones in effect at the time you purchase your license. The TOS that govern the collection and submitting of a sample for DNA extraction and processing are the ones in effect when you purchase your myPGx test.
You should not change your health behaviors solely on the basis of information you obtain from TreatGx. myPGx is not a diagnostic test, and TreatGx is not a prescribing system. You should discuss your Pharmacogenetic Information with a physician or other health care provider before you act upon the Pharmacogenetic Information resulting from the Services.
GenXys may modify these TOS from time to time without notice to you. A copy of the modified TOS will be made available to you on GenXys’ website and through the affected Services. Your use of, or access to, the Services after the date of any modifications constitutes your agreement to follow and be bound by the modified TOS.
Your use of any Services (excluding any services provided by GenXys under a separate agreement) is subject to the terms of the legal agreement between you and GenXys set forth in these TOS. Except as specified herein, these TOS apply to any use of the Services, including but not limited to (a) submitting a sample for DNA extraction and processing, (b) uploading your Bio-physical Information and Pharmacogenetic Information and interacting with it on our website, and/or (c) creating and using a GenXys account without providing a sample or any Bio-physical Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept these TOS. You acknowledge and agree that GenXys will treat your use of the Services as acceptance of these TOS from that point onwards. You accept the TOS by using any of the Services. We may also ask that you accept these TOS by clicking to accept or agree to these TOS. In addition, when using particular GenXys Services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS. GenXys also may offer other services from time to time that are governed by different terms of service.
To use or access the Services you must be at least 13 years of age or older. A parent or guardian may access the website and Services on behalf of his/her child. A parent or guardian may also assist his/her child in using the Collection Kit.
The Services include access to the GenXys public website, medication decision support services and personal pharmacogenetic services, including the collection and analysis of your sample.
After placing your order on the GenXys website and accepting these TOS you will receive a Collection Kit and detailed instructions by mail. If you have any reason to believe you have an active infectious disease, condition or disorder, then you must wait to use the collection kit for at least two weeks after the disease, condition or disorder is no longer infectious. You must submit your sample by mail to GenXys within two weeks of using the Collection Kit.
GenXys is not responsible for: the loss of your sample during shipping or for your sample being sent to the wrong address, for shipping delays of the Collection Kit or for the breakage of the Collection Kit during shipping.
GenXys uses a batch system and the turnaround time for processing your sample includes the time needed to form testing batches of at least 20 samples. Once the minimum batch sample size is obtained, your sample will be processed within one week and a report will be sent to your GenXys account and/or physician, and you will be given access to TreatGx.
We may not be able to process your sample if it does not contain a sufficient volume of DNA, if you do not provide enough cells as part of your sample, or if the results from processing your sample do not meet our standards for accuracy. If the initial processing fails for any of these reasons, then we will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, then we will offer to send you another Collection Kit to collect a second sample at no additional charge. If you notify us that you decline this offer, then we will provide you with a refund of your testing fee, less an amount to cover our costs of shipping and handling the first test sample. Your right to a refund is your sole and exclusive remedy for any claim that you may have regarding our failure or inability to process your sample. If you request a refund and submit another sample through a future purchase of Services, we will not offer to reprocess the sample or a refund in case of processing failure.
If you opt to receive a second Collection Kit and our attempts to process the second sample are unsuccessful, then we will not send additional Collection Kits and will refund your testing fee, less an amount to cover our costs of shipping and handling the test samples. Your right to a refund is your sole and exclusive remedy for any claim that you may have regarding our failure or inability to process your samples.
We endeavor to use high quality standards of sample processing. However, in our experience, a small, unknown fraction of the data generated during processing may be uninterpretable or incorrect. As this possibility is known in advance of you providing a sample, you are not entitled to a refund if these errors occur. Your sample might be processed and analyzed by third-party laboratories on behalf of GenXys.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.
You should not change your health behaviors solely on the basis of information obtained from TreatGx. myPGx is not a diagnostic test, and TreatGx is not a prescribing system. You should discuss your Pharmacogenetic Information with a physician or other health care provider before you act upon any results obtained from using the Services. Any decision about your medication(s) and healthcare should be made in consultation with a qualified healthcare professional.
Predicted phenotype and allele functionality may change depending upon the emergence of new literature, industry standards and guidelines. myPGx includes testing for genetic variants that appear in at least 1% of a population, also known as genetic polymorphisms involved in many drug metabolic pathways. The myPGx test does not detect all possible genetic variations and you could possess clinically relevant pharmacogenetic variations that the test is not designed to identify. TreatGx is reliant upon the accurate entry of Bio-physical Information, which may include laboratory results and data held within a health record.
GenXys does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, test, physician or other health care, medication, drug, biologic, medical or other product, procedure, opinion or other information that may be mentioned or referenced on our website. If GenXys provides any suggestions for your care based on your Pharmacogenetic Information, Bio-physical Information, and potentially actionable information and scientific literature or research, then this information is provided for informational purposes only and for discussion with your physician or other healthcare provider.
GenXys endeavours to make its Online Services available on a consistent basis. However, GenXys does not make any representation, warranty, condition or guarantee that any or all of the Online Services will be available at any particular time, or at all.
Your relationship with GenXys is commercial. You are a licensee of the Services. You understand and agree that GenXys is engaged in a commercial enterprise. GenXys is not a regulated health services provider. GenXys does not assume any fiduciary or similar obligations to you as a result of you using the Services. GenXys is not a trustee of your Pharmacogenetic Information or other Personal Information.
As a result of the current state of pharmacogenetic knowledge and understanding, our Services are for research, informational and educational use only. We do not provide medical advice. The Pharmacogenetic Information provided by GenXys is for research, informational and educational use only. The testing technology we use is the same technology used by the general research community. To date this technology has not been widely used for clinical testing. In order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all GenXys users to participate in GenXys Research. Participation in such research is entirely voluntary and based upon an institutional review of your Consent Form. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions that you may have regarding diagnosis, cure, treatment, mitigation or prevention of any disease or other medical condition or impairment or the status of your health.
You retain full ownership to your User Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any or all of your User Content in connection with providing the Services to you and other users in accordance with your settings on the Services, as well as for the other purposes set forth in these TOS. In connection with providing the Services, we may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media. You license in this paragraph also extends to trusted third parties we work with to provide the Services.
The cells from your sample will be used only for the myPGx test, and any portion of your sample that is not consumed during this test will be disposed after the minimum sample retention period recommended from time to time by the College of American Pathologists (CAP).
Your Pharmacogenetic Information will be reported only to you through your GenXys account(s), and to your physician, if requested by you. Your Pharmacogenetic Information will not knowingly be released to anyone else except those who, by law, may have access to such data.
We may use some of your Pharmacogenetic Information and/or Bio-physical Information for R&D. This may include disclosing Aggregated Pharmacogenetic Information and Bio-physical Information to third-party research partners.
By accessing any of our Services, you agree to, acknowledge and represent as follows:
In case of breach of any one of these representations and warranties, GenXys 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) and you will defend and indemnify GenXys, its affiliates and its and their respective directors, officers, employees, agents and research partners from and against any and all liability, costs or damages, including attorney fees, arising out of such breach.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete registration information about yourself as prompted by the Service; and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current or incomplete, or if GenXys reasonably suspects that any such information is untrue, inaccurate, not current or incomplete, then GenXys has the right to suspend or terminate your account and suspend any and all current or future use of the Service (or any portion thereof). The Services are for use only in Canada.
After you have purchased our Services, you must create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur using your password or account. If you allow third parties to access your account, then you agree to defend and indemnify GenXys, its affiliates and its and their respective directors, officers, employees, agents and research partners from and against any and all liability, costs and damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify GenXys of any unauthorized use of your password or account or any other breach of security of which you have knowledge, and (b) ensure that you exit from your account at the end of each session. GenXys is not liable for any loss or damage arising from your failure to comply with the requirements of this Section.
If you no longer wish to use our Services, you should close your GenXys account(s) by sending a request to firstname.lastname@example.org. We will remove all your Personal Information within 30 days of our receipt of your request to close your account(s). GenXys Laboratory may keep your Pharmacogenetic Information for the minimum report retention period recommended from time to time by the College of American Pathologists (CAP).
We may retain portions of your Ordering Information as needed to provide you Services as well as for accounting, audit and compliance purposes.
As stated in your Consent Form, Pharmacogenetic Information and/or Bio-Physical Information that you provided to us before you request that your account(s) be closed and for which you have given consent to use in GenXys Research cannot be removed from ongoing or completed studies that use that information.
While we implement procedures to protect the confidentiality and security of your information, we make no representation, warranty, condition or guarantee regarding the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
You agree that you, and not GenXys, are solely responsible for all of your User Content, whether publicly posted or privately transmitted, and whether uploaded, posted, emailed or otherwise transmitted using or in connection with any Services.
The Services content presented to you as part of the Services, whether original GenXys Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by GenXys and/or the sponsors or other third parties who provide that content to GenXys (or by other persons or companies on their behalf). GenXys grants you a non-exclusive, non-transferable, limited license (“Limited License”) to copy and distribute free of charge, for non-commercial purposes only, any Services content with the exception of any content marked as not subject to this Limited License on our website, provided that you: (a) provide the Services content as it appears on our website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (b) include the following attribution on the first page of any materials you distribute: “� GenXys Health Care Systems Inc. All rights reserved; distributed pursuant to a Limited License from GenXys” and (c) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you have no right to modify, rent, lease, loan, sell, distribute or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by GenXys or by the owners of that content, in a separate agreement.
We can terminate the Limited License at any time for any reason, or for no reason, without any liability to you.
As a condition of your use of the Services, you warrant to GenXys that you will not use the Services for any purpose that is unlawful or prohibited by these TOS. You must not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may use the Services only in Canada.
Furthermore, you must not use the Services to:
You acknowledge and agree that you are solely responsible for (and that GenXys has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage that GenXys may suffer) of any such breach. If you breach these TOS, then GenXys 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) and you will defend and indemnify GenXys, its affiliates and its and their respective directors, officers, employees, agents and research partners from and against any and all liability, costs and damages, including attorney fees, arising out of your breach of the restrictions and prohibitions in this Section.
You acknowledge and agree that GenXys (or its licensors, as applicable) own all right, title and interest in and to the Services, including all intellectual property rights (including but not limited to patents) that subsist in the Services (whether or not those rights happen to be registered, and wherever in the world those rights may exist). You further acknowledge and agree that the Services may contain information that is designated confidential by GenXys and that you will not disclose such information without GenXys’ prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GenXys, you agree not to-and not to permit anyone else to modify, rent, lease, loan, sell, distribute or create derivative works of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of GenXys and/or its licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of that License Agreement.
You acknowledge that the GenXys Trademarks are owned by GenXys. Unless you have agreed otherwise in writing with GenXys, nothing in these TOS gives you a right to use any GenXys Trademarks and you agree not to display or use any of the GenXys Trademarks in any manner.
You must not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
In using the Services, you must not use any GenXys Trademark or any trade mark, service mark, trade name or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
For any Software not accompanied by a License Agreement, GenXys grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer. You have no right (and must not allow any third party) to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GenXys in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GenXys, in the manner permitted by these TOS. Unless GenXys has given you specific written permission to do so, you have no right to assign (or to grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Services. You must not access the Service by any means other than through the interface that is provided by GenXys for use in accessing the Services. Any rights not expressly granted in these TOS are expressly reserved by GenXys.
Though we want to provide a great service, there are certain things about the Services that we cannot promise. Accordingly, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK AND WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY IMPLIED WARRANTIES RELATING TO THE SERVICES OR ANY SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GenXys will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions do not allow the types of disclaimers in this paragraph, and so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GENXYS OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, RESEARCH PARTNERS OR LICENSORS, BE LIABLE FOR (a) ANY DAMAGES FOR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, OR (b) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, IN ALL CASES REGARDLESS OF ANY LEGAL THEORY, WHETHER OR NOT GENXYS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WITH THE AGGREGATE LIABILITY OF GENXYS FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TOS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT OF ANY TESTING FEES ACTUALLY PAID BY YOU, LESS ANY PRIOR REFUND GIVEN BY GENXYS . Some jurisdictions do not allow the types of limitations in this paragraph, and so they may not apply to you.
The Service is controlled and operated from GenXys’ facilities in Canada. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use any Services from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. You must not use the Services if you are a resident of a country embargoed by Canada, or are a foreign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.
These TOS and any rights and licenses granted hereunder cannot be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
In the unlikely event that GenXys has not been able to resolve a dispute it has with you after attempting to do so informally, you agree to resolve any claim, dispute or controversy (excluding any GenXys claims for injunctive or other equitable relief) arising out of or in connection with or relating to these TOS, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration governed by the Commercial Arbitration Act (British Columbia) (the “Act”), except that the provisions of this Section will prevail over the terms of the Act where permitted. The location of the arbitration will be Vancouver, Canada. The parties will share equally in the fees and expenses of the arbitrators and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties will use their best commercial efforts to ensure that the arbitration hearing is conducted no later than 30 days after the arbitrator has been selected. The arbitrator must decide the dispute in accordance with the substantive law that would govern the dispute if it were litigated in court. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which summarizes the reasoning behind the award and the legal basis for the award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent GenXys from seeking injunctive or other equitable relief from the courts as necessary to protect any of proprietary interests of GenXys or its licensors. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICES, YOU AND GENXYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the Service is based in British Columbia, Canada and that these TOS are governed by the internal substantive laws of the Province of British Columbia and the laws of Canada applicable therein, without respect to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods, and all implementing legislation, is expressly excluded.
Please contact us at the Department of Family Practice, The University of British Columbia, 320-5950 University, Vancouver, BC, Canada V6T 1Z3 with any questions regarding these TOS.