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a. "Circle" means Circle, which is owned by Prenetics Limited (including its subsidiaries and affiliates, collectively as “Prenetics”, “we”, “us” and “our”) with principal place of business at 7/F, Prosperity Millennia Plaza, 663 King’s Road, Quarry Bay.
b. "Circle Research" means scientific and/or medical research and development that Circle performs, the result of which may be published in a peer-reviewed scientific journal. Circle Research only uses Genetic and Self-Reported Information from users who have given applicable consent as stipulated in Informed Consent.
c. "Product Development" means research performed for the purpose of new product development and new product development activities performed by Circle on anonymised user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis.
d. "Service" or "Services" means CircleDNA Test(s), products, mobile app, software, services, consultation and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
e. "Personal Information" is information that can be used to identify you, either alone or in combination with other information. Circle collects and stores the following types of Personal Information:
f. "Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
g. “Non-Asian Region” means any country outside of the Asia region that we may provide services to including but not limited to any country within the EU, UK, USA, Australia, Canada, New Zealand and UAE.
Your use of Circle's Services (excluding any services provided by Circle under a separate agreement) is subject to the terms of the legal agreement between you and Circle set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a DNA sample for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the Circle website, and/or c) creating and using a free Circle account without providing your DNA sample or Genetic 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 the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Circle for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Circle will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Circle Services, you shall 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 the TOS. Circle also may offer other services from time to time that are governed by different terms of service.
a. Whether you submit your own DNA sample, or otherwise provide your own Genetic Information, or a DNA sample or Genetic Information of whom you have the legal authority to do so, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Circle, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
b. In addition to the conditions above, if you contribute or otherwise provide Genetic Information of your own, or of whom you have the legal authority to act on his or her behalf, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have the legal authority to agree to these TOS. If you are a UK customer please see point c below.
c. Non-Asian Region customers only - Users who provide Genetic Information must be at least 18 years of age regardless of permission from parents or guardians. If the sample being provided is from someone under the age of 18, the user must be the parent or legal guardian of the person being tested. If a user is found to be under 18, the account could be immediately terminated and services revoked and will be ineligible for a refund.
Our Services (including, among others, CircleDNA Test(s), products, mobile app, software, services, consultation and website is designed to assess mutations in genes associated with hereditary tendency and/or risk in 500 categories by using whole exome sequencing (WES) technology through the detection of single nucleotide variations (SNVs), small insertions and deletions (InDels) located in the exonic region, nearby flanking regions and a limited selection of intronic regions. Genomic DNA is extracted from buccal cell, fragmented and prepared into Next-Generation Sequencing (NGS) libraries compatible with the Illumina platform. Standard laboratory procedures are carried out where probes are specifically designed to enhance the coverage of the targeted region. This would ensure detection accuracy while reducing the DNA amount required for CircleDNA Test. PCR-free pre-capture step is applied for each individual sample to reduce amplification-induced bias and intersample contamination during hybrid-capture. The target-enriched DNA fragments are analysed by utilising 2x150 paired-end sequencing method with an Illumina NGS sequencer with minimum average coverage of 90x to ensure data quality. Standard bioinformatics analysis is used to analyse sequencing data with reference to genome GRCh37 (hg19) for sequence alignment. VeritaTrekker® detection system is used for rigorous quality control of the sequencing data and sample information verification. Samples were tested for SNVs, InDels, CNV variations, as well as VNTR, mt, ROH, and ancestry analysis.
Mutations detected by Cancer Risk and Family Planning categories in CircleDNA Test are classified by following the standards and guidelines for sequence mutations interpretation of the American College of Medical Genetics and Genomics (ACMG). mutation annotation is performed using mutation Effect Predictor (VEP). mutations are classified into five categories, including the pathogenic, likely pathogenic, mutation of uncertain significance (VUS), likely benign, and benign. CircleDNA Test results are evaluated by qualified professionals where appropriate. Only pathogenic and likely pathogenic mutations detected are reported.
Risk estimation for other categories of CircleDNA Test are calculated based on test results and information provided by you (including but not limited to gender, ethnicity, etc.).
We developed CircleDNA Test. CircleDNA Test is performed at molecular diagnostic laboratories adhering to international and local standards.
Limitations of the Services
Depending on the Service/ CircleDNA Test you have selected, such Service or CircleDNA Test is intended to detect mutations within a specified reportable range of selected genes known to be associated with an increased risk for certain types of inherited disorders, personal traits, and/or associated with nutrient needs and exercise responses. However, CircleDNA Test may not detect every mutation associated with disease risk, and/or detect every mutation associated with exercise responses, nutrient needs or sensitivities.
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 information may replace or add to the information that was used to analyze 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 CircleDNA Test report. This may result in a change in your risk assessment; a reclassification of a mutation or a reported diplotype; or a change or update to a previously reported allele. You hereby irrevocably waive any and all claims against us for any amendment or modification of CircleDNA Test report and corresponding services in accordance with our standard operating procedures.
This report reflects the analysis of an extracted DNA sample. In very rare cases (circulating hematolymphoid neoplasm, allogeneic bone marrow transplant, recent blood transfusion), the results of CircleDNA Test will be interfered by the neoplastic or the donor DNAs and that the analysed DNA may not represent the patient’s constitutional genome.
CircleDNA Test utilizes whole exome sequencing (WES) technology. The test analyses the following types of mutations: single nucleotide variations (SNVs) and small insertion/deletions (In/Dels; up to 50bp) in exonic region, nearby 5bp flanking regions, and a limited selection of intronic regions. It is not intended to analyse the following types of variations: poly-structures, tandem repeats, GC-rich regions, and homologous regions (pseudogenes). This test may detect a varying percentages of known and unknown variations. This assay achieves 99% sensitivity and specificity for single nucleotide mutations and small In/Dels (<50bp). Sensitivity to detect insertions and deletions larger than 50bp but smaller than a full exon may be marginally reduced. This test will not detect mutations in promoter region and other non-coding regions. Due to the limitations of technology, this test does not guarantee 100% coverage of target captured region of exome, CNV variations, and all genetic mutations in the tested genes. Also, interpretation of mutations in exonic regions would be limited by the timeliness of literature and databases, the complexity of disease and the limitations of medical and science development. The test results could not rule out the possibility of other disease development due to the genetic mutations detected.
The breakpoints of large HBA1/HBA2 deletions / duplications is not determined and similar size deletional mutations are not distinguished. In addition, the phase of identified genotypes will not be provided. Individuals carrying both duplication and deletion within the alpha-globin gene cluster may appear to have alpha-globin gene copies with a normal number. This may rarely occur and other similar compensatory changes could exist in both HBA1 and HBA2 genes. This may not be detected by the current test. Acquired or rare syndromic forms of alpha thalassemia associated with ATR-X and ATR-16 syndrome will not be detected. Rare sequence variations can lead to detection errors during the testing process.
CircleDNA Test is not designed to detect chromosomal aneuploidy or complex gene rearrangements, including translocation, large insertions, and inversions. It also does not reliably detect mosaicism. Information regarding genetic variations with no or unknown significant association with conditions may become evident (called Incidental Findings). Circle’s policy is to not report or comment on any Incidental Findings that may be noted in the course of analysing the test data.
CircleDNA Test does not constitute a definitive test for the selected condition(s) in an individual. Besides genetic factors, environmental and other factors including age, gender, lifestyle, dietary factors, accumulation of somatic mutations in the genome, infection of the oncovirus, and / or a smoking history, etc., may also contribute to the development of different diseases or health conditions. CircleDNA Test is not a diagnostic test and should be used in context with other clinical findings by the healthcare provider to help with a diagnosis and treatment plan.
CircleDNA Test only reports the presence of inherited genetic variations of the selected genes, which were known to have association with development of certain diseases, health conditions or other traits. Other known mutations and genes not listed are not reported and CircleDNA Test may not detect all known mutations that results in abnormal biological activity. It is possible that untested site of variation may confer altered biological activity in an individual, leading to the rare possibility of a non-functional, decreased or increased functional allele being erroneously called as “wild-type”. CircleDNA Test only detects the DNA sequence in the protein-coding regions of the selected genes, DNA sequence other than the protein-coding regions or the selected intronic regions are not investigated by this test. CircleDNA Test results do not eliminate the possibility that the genetic variations may have risk of developing other diseases, including other cancers and carrier diseases.
Risk estimation for particular categories will only be provided with satisfactory data quality. All risk estimation is approximate, sometimes cannot be specifically calculated, and is based on previously analyzed cohorts. Risk estimation of particular categories are gender specific and they might only be applicable/available for certain gender. Risk estimation of particular categories are also population-specific, the estimated risks could be over- or under-estimated if you are not East Asian, Caucasian or South Asian. An elevated risk of particular categories is not a diagnosis and does not guarantee that a person will develop the characteristics of interests (i.e. disease or traits etc). Risk calculation is only based on the ethnicity and gender provided by you. Incorrect/inaccurate information will greatly affect the analytical accuracy of the risk calculation.
Please note that this test does not provide diagnosis, or treatment. The report and comments are for informational purposes only and should not be interpreted as specific professional medical advice. This report is based on tested genes and mutations. Untested genes, mutations, non-genetic factors and accumulation of somatic mutations also influence your disease, health status and other characteristics. Environmental and lifestyle factors also often play a large role in the risk of developing diseases or health problems. Please speak with your healthcare provider for further advice and before making any changes to your diet or lifestyle or before making decisions about medical conditions, or before starting and stopping any treatment prescribed for you. This report is based solely on the sample and information provided to Circle and does not take all factors related to your health into account. Therefore, Circle and Prenetics’ employees shall have no liability to any person or entity with regards to claims, loss, or damage caused, or alleged to be caused, directly or indirectly, by the use of information contained herein.
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from Circle, your physician, a genetic counselor, or other health care provider.
We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. Those professionals also can help you understand your results and options.
Some people feel a little anxious about getting genetic health results. This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g.someone with your genotype may have a higher than average chance of developing a specific condition or disease). These outcomes could have social, legal, or economic implications.
Our laboratory may not be able to process your sample, and our laboratory process may result in errors. While our laboratory adheres to international quality standards, we may not be able to process your sample if your DNA sample does not contain a sufficient volume of DNA, you do not provide enough DNA sample, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, we will offer to send another kit to the user to collect a second sample at no charge. If the user sends another sample and our attempts to process the second sample are unsuccessful, we will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to us, less shipping and handling, provided the user shall not re-submit another sample through a future purchase of the service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the service and processing is not successful, we will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect and therefore may not be able to generate corresponding report(s) . As this possibility is known in advance, users are not entitled to refunds where these occur.
The Swab and Return Tube in your sample collection kit are medical grade devices and have limited shelf life. To ensure that your DNA sample meets our standards of quality, please return your DNA sample to us as soon as possible, and in any event no later than three (3) months after your purchase of the Service. We will not to process your DNA sample beyond three (3) months after your purchase. If you have difficulty returning your DNA sample to us, please reach out to our customer services team.
You should not change your health behaviors solely on the basis of information from Circle. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from Circle Services. For most common diseases, the genes we know about are only responsible for a limited fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitely develop the disease or condition. In either case, if you have concerns or questions about what you learn through Circle, you should contact your physician or other health care provider.
Genetic research is not comprehensive. While we sequence your whole exome, only a fraction of genetic variations are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of Circle is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made.
Circle Services are for research, informational, and educational use only. We do not provide medical advice and/or diagnostic service. The Genetic Information provided by Circle is for research, informational, and educational use only. This means two things. First, many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all users to participate in Circle Research. Participation in such research is voluntary and based upon your consent. As a result of the current state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by, and should not be used by the customer for any diagnostic and/or medical purposes and are not a substitute for professional advice from your healthcare provider. You should always seek the advice of your physician or other healthcare provider with any questions 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.
Circle does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, we believe that (a) genetics is only part of the picture of any individual's state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by Circle, our employees, others appearing on our website at the invitation of Circle, or other visitors to our website is solely at your own risk.
Our tests were validated with 99% accuracy, and supported by a rigorous volume of research conducted by leading science and research institutes around the world. There are certain jurisdictions in which we do not offer our Services because we do not have the requisite licenses.
By accessing Circle Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of Hong Kong SAR or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Circle 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 Circle and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
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 the 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 Circle has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Circle has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from Circle.
After you have made your purchase, you will create an account to consent to and access your Service. NOTE: If you do not provide your consent, we will be unable to continue with Services until you do so. You will create a password and are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Circle's website through your username and password, you will defend and indemnify Circle and its affiliates against any liability, costs, or 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 Circle of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Circle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You can stop using the Services at any time. You do not need to inform us when you stop using the Services, unless you request us to delete your Personal Information. By asking us to delete your data, we close your account and terminate access to your online account. If account closure is initiated by us for any reason, then we will provide 30 (thirty) calendar days’ notice to you and may suspend access to your online account. During this time, we will continue to accept information access requests until the closure data as notified to you. We do not have any responsibility for the use of the Services outside the TOS terms or any other terms that apply.
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the full Privacy Statement, which is incorporated by reference into these Terms, by (1) clicking to accept or agree to our Privacy Statement, where this option is made available to you by Circle for any Service; or by (2) actually using the Services.
You acknowledge and agree that Circle has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Circle Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Circle Research as described in the Informed Consent form, we may include your information in the Aggregated Genetic and Self-Reported Information we disclose to third parties which may result in publication of such information in a peer-reviewed scientific journal. We may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who may or may not publish that information in a peer-reviewed scientific journal. Circle Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or healthcare providers. Circle Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. We strictly adhere to Hong Kong’s data privacy law, and will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your consent to do so, unless required by law. When conducting Circle Research, we strictly adhere to ethical and regulatory standards of Hong Kong.
Further, you acknowledge and agree that Circle is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Circle may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Circle TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Circle, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Circle may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement for detailed information about how we collect, use, and share the data we collect from and about you.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Circle, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Circle Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Circle and/or the sponsors who provide that content to Circle (or by other persons or companies on their behalf). Circle grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Circle website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © Circle. 2019. All rights reserved; distributed pursuant to a Limited License from Circle; (iii) 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 may not 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 Circle or by the owners of that content, in a separate agreement.
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may 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 may 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 not use the Services outside of the country and/or region to which your sample collection kit was shipped from us. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Circle, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Circle or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by Circle; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Circle's website; (15) attempt to or actually override any security component of Circle web services including but not limited to mobile app; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Circle; or (18) intentionally or unintentionally violate any applicable Hong Kong, local, state, national, or international laws, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that we have 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 which we may suffer) of any such breach. In case of breach of any one of these agreements we have 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 us and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or we have a reasonable ground to suspect that you have violated the terms of this Section, Circle has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country and/or region in which you reside and/or which you order the sample collection kit from, 2) that your sample and data may be transferred and/or processed outside the country / region in which you reside and/or which you order the sample collection kit from, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from Hong Kong SAR or the country/region from which you access Circle's Services online.
Circle will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-Circle content. Under no circumstances will Circle be liable in any way for any non-Circle content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Circle and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Circle and its designees shall have the right to remove any content that violates the TOS or is deemed by Circle, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content. We do not claim ownership of the User Content you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain the copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give us, our affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, re-format, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the provision of those services.
You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit us to take these actions. You represent and warrant to us that you have all the rights, power, and authority necessary to grant the above license.
Genetic and/or Self-Reported Information. Disclosure of Individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that Circle cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
Your DNA sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your DNA sample remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from Circle as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and Terms of Service, shared with or included in Aggregated Genetic and Self-Reported Information shared with research partners, including commercial partners.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Circle or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
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.
If you have submitted a DNA sample or otherwise provided your own Genetic Information, you will defend and hold harmless Circle, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your DNA sample and/or analyzing 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.
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Circle may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Circle's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Circle has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Circle reserves the right to change these general practices and limits in its sole discretion.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Circle features or Services, and (ii) Circle shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from us. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.
You acknowledge that Circle may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or Circle as set out in this Section
If you want to terminate your legal agreement with Circle, you may do so by notifying Circle at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Circle's address, or via email at [email protected] If you provide notice online, Circle will send you an email asking you to confirm your request, and your notice will be effective following receipt of an email confirmation.
We may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of the TOS); (2) We are required to do so by law or regulation (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; (4) we are transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by us is, in our opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the Services.
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and us have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding Circle Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(Circle Privacy Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to Circle - Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and Circle Website); 22.(Circle Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of Service); and 28.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
Your correspondence or business dealings with/or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Circle has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
You acknowledge and agree that we (or our licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our 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 us, 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 Circle and/or its suppliers. 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 License Agreement terms.
Circle, and other Circle logos and product and service names are trademarks of Circle and these marks together with any other Circle trade names, service marks, logos, domain names, and other distinctive brand features are the "Circle Marks". Unless you have agreed otherwise in writing with Circle, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any Circle Marks and you agree not to display, or use in any manner, Circle Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Circle, you agree that in using the Services, you will not use any trademark, service mark, trade name, 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, we grant you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may 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 Circle, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Circle, in the manner permitted by the TOS. Unless Circle has given you specific written permission to do so, you may not assign (or 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 (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Circle for use in accessing the Service. Any rights not expressly granted herein are reserved.
You expressly acknowledge and agree that: (1) Your use of the Services are at your sole risk. The Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) 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 results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and (e) any errors in the software will be corrected. (3) Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your smart phone or computer system or loss of data that results from the download of any such material. (4) 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. (5) You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. We do not control or endorse any actions resulting from your participation in the Services and, therefore, we specifically disclaim any liability with regard to any actions resulting from your participation in the services.
Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in through or from the services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorised access to or alteration of your transmissions or data; (f) the improper authorisation for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
Notice to you may be made via either email or regular mail. Circle may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
Prenetics Limited 7/F, Prosperity Millennia Plaza, 663 King’s Road, Quarry Bay Hong Kong ATTN: Chief Privacy Officer +852 2210 9588
Additionally, Circle accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Circle may make changes to the TOS from time to time. When these changes are made, Circle will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Circle will treat your use as acceptance of the updated TOS.
If you violate the terms of these TOS and/or Circle has a reasonable ground to suspect that you have violated the terms of these TOS, Circle 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).
a. Entire Agreement. The TOS constitutes the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and Circle on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
b. Applicable law and arbitration. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Services and TOS shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong.
c. Waiver. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
d. Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
f. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
g. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
h. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.circledna.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).
i. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Circle for any third party that assumes our rights and obligations under this Agreement.
j. This Agreement is made into Chinese and English. In case of any discrepancies between the English and Chinese versions, the English version shall prevail.