General Terms and Conditions

Effective Date: 01 August 2023, Version: 2.0.1

SUMMARY

  • Your relationship with Macromo is governed by these Terms.

  • We use certain definitions in these Terms that have the same meaning throughout.

  • You have certain obligations when using the Application, such as keeping your data up-to-date, not using the Application for illegal purposes, or reporting any outage.

  • You are liable to pay for the Services you order.

  • Macromo provides various services. Our core Service is helping you understand the results of your genetic tests delivered to you and extracted by our Laboratories and showed in the Application. We need your express consent to process your data. The results are not medical advice.

  • You can purchase the Goods (and Services) through our Website or the Application. Your results will be visible there too.

  • You can withdraw from the Contract as provided by the applicable law. Services that are delivered to you cannot be withdrawn from.

  • We are liable to you for damaged Goods as required by the applicable law.

  • Additional policies apply to your use of the Services, in particular the Privacy Policy.

  • Macromo gives you certain warranties for the quality of the Goods. Macromo disclaims all warranties in respect of the Application.

  • Macromo will not be liable for misuse of the Goods or Services, or for acts outside of its reasonable control.

  • Consumers using the Services have additional options for dispute resolution.

  • The Website, Application, and the Services in general are owned by Macromo and you do not receive any intellectual property rights.

  1. INTRODUCTORY PROVISIONS

    1. These Terms are terms and conditions within the meaning of Section 1751 of the Civil Code and apply to all relations between Macromo as the provider, and the Customer. If you use the Services, you are bound by these Terms, which you confirm that you have read, understood, and agreed to.

    2. The Terms shall prevail over any conflicting information contained in other materials (e.g., promotional materials, emails, websites, or the Application).

  2. DEFINITIONS

    1. Headings. The headings used in these Terms are for reference purposes only and in no way define, limit, interpret, or describe the scope or effect of such section or in any way affect these Terms.

    2. Definitions. Unless the context otherwise requires, the words and expressions used in this Section 2.2 of these Terms shall have the meanings ascribed to them herein:

  1. APPLICATION USE

  1. Registration. To use the Application, it is necessary to create an Account. Only natural persons over the age of 18 are entitled to create an Account. By registering, you as the Customer declare that:

    1. the Personal Data you provide when registering as a Customer are true, accurate, current, and complete in all respects;

    2. you will promptly notify Macromo of any changes to the Personal Data by changing the Personal Data in your Account or by sending an email to info@macromo.org, if Personal Data cannot be changed in the Account;

    3. you will not impersonate another person or entity or use a false name or a name that you are not authorized to use;

    4. you do not register to the Application to harm Macromo (e.g., by using your knowledge of the Application with a competitor or by creating a similar product);

  2. Protection of the Application. In relation to the Application, the Customer shall:

    1. refrain from recording and transmitting content that is contrary to the applicable legal regulations or good morals and principles of decent behavior;

    2. use the Application in a manner that does not interfere with its operation, in particular, the distribution of malicious code, files, scripts, or programs;

    3. use the Application in a manner that does not cause a burden to other users or Macromo;

    4. use the Application in accordance with applicable legal regulations.

  3. Reporting an outage. In the event that the Customer becomes aware of or suspects any outage or malfunction of the Application, the Customer shall promptly report such fact to Macromo at the email address info@macromo.org, and shall provide Macromo with all necessary assistance in repairing the outage or malfunction.

  4. Usernames and passwords. The Customer is solely responsible for maintaining the confidentiality of all access details to the Account, in particular the usernames and passwords. The Customer undertakes

    1. not to allow any third party to use their account, usernames, or passwords, except as expressly permitted by these Terms;

    2. to promptly notify Macromo of any actual or reasonably suspected unauthorized use of their account, usernames, or passwords, or any other violation or suspected violation of these Terms of which they become aware, by sending an email to info@macromo.org.

    3. Development. The Services are constantly evolving. The Customer agrees that Macromo may unilaterally remove or add new features to the Services or the Application, all without refund or compensation to the Customer.

    4. Required use of Application. The Customer acknowledges that in order to receive some of the Services, the Customer may be required to download the Application and create an Account.

  1. PAYMENTS

  1. Price. Prices for the Services are exclusive of VAT and any applicable statutory charges unless the Customer is a Consumer, in which case prices for the Services are inclusive of all applicable tax.

  2. Payment. You are obliged to pay the price for the Services you order. Macromo is not obliged to provide the Services to you if your order is not paid for. You may pay using the methods specified on the Website or in the Application, which may include bank transfer, online payment gate, or others. If Macromo does not receive the payment within five working days from the date of the order, the order will be canceled.

  3. Subscription. Should Macromo offer a Subscription, the Customer may access the Subscription through the Application, choosing a Subscription term available (e.g., month-to-month, annual). The Subscription, its term, or its price is subject to change.

  4. Renewals. Subscriptions will automatically renew for the same term for which the Customer originally subscribed unless the Customer notifies Macromo that they wish to cancel such subscription at least thirty (30) days prior to renewal.

  5. Renewal authorization. The Customer acknowledges that the Subscription fee will be charged to the Customer's payment card and the Customer hereby agrees to this recurring transaction.

  6. Past-due payments. Any fees (or part thereof) not paid by the due date shall bear interest at the highest rate allowed by the applicable law.

  7. Validity of prices. Prices and offers may vary and may only be available for a limited time. All prices and offers are subject to availability and may be canceled or changed at Macromo's discretion.

  8. THE PROVISION OF THE SERVICES

  1. Description of Services. Description and types of the Services are provided on the Website or in the Application.

  2. Type of Services. The Services may include

    1. sale and delivery of the Goods for the purpose of using the Goods by the Customer in accordance with the enclosed instructions;

    2. arranging the delivery of the Goods to the Customer and the delivery of the Tests to a Laboratory;

    3. arranging that the analysis of the Test is carried out by a Laboratory;

    4. making the result of the analysis of the Test available to the Customer in the Application after pairing the Test with the Customer's Account using the Sample ID; and

    5. any other services specified on the Website or in the Application.

  3. Explicit Consent. By purchasing the Services, the Customer agrees and acknowledges that their sample will be extracted from the Test and analyzed by a Laboratory. The Customer acknowledges that the provision of consent to the processing of information regarding the health condition, genetic data, and data revealing racial or ethnic origin within the meaning of Article 9 (2) (a) of the GDPR is necessary and conditional on the provision of some of the Services with respect to the nature of the Services. Should the Customer fail to give or withdraws such consent, Macromo is unable to provide some or all of the Services. Macromo never processes the Customer's sample without the Customer's explicit consent.

  4. Destruction of the sample. The Laboratory will irretrievably destroy the Customer’s sample after extraction and analysis.

  5. Test instructions. The Customer declares that they understand that upon receipt of the Goods, it is necessary for the Customer to properly read and follow the instructions provided. Subject to Section 5.8 below, Macromo is not obliged to provide the Services if the Customer has not followed the instructions provided by Macromo.

  6. Validity. The Customer acknowledges that the Laboratory may not be able to process the sample if it was not sent by the Customer to the Laboratory within an appropriate timeframe. The Customer, therefore, acknowledges that upon receipt of the Test, they are obliged to send the Test to the Laboratory (or Macromo, if applicable) as soon as possible, but no later than within 2 (two) months. Should the Customer fail to return the Test to the Laboratory within 2 (two) months of receipt of the Test, the Customer shall not be entitled to a refund and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease.

  7. Replacements. The Customer acknowledges that if the Test has been duly delivered to the Customer, but it is subsequently lost or destroyed by the Customer, Macromo will send the Customer a new Test free of charge once, on request. If the Test is defective, Macromo will provide a new Test to the Customer on request. The Customer acknowledges that if Macromo has already sent a new replacement Test free of charge in accordance with Section 5.8, the Customer shall not be entitled to receive replacement Goods in accordance with this Section 5.7. The Customer acknowledges that should the Test be lost or destroyed again, the Customer shall not be entitled to a refund and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease. If the Customer is still interested in the Services, the Customer may repurchase the Goods at the current price.

  8. Errors. The Customer acknowledges that the Laboratory may not be able to process the sample and the laboratory process may lead to errors. Macromo will send the Customer new replacement Goods free of charge if the Laboratory was unable to process the sample for reasons on the Laboratory's side. If the Laboratory is unable to process the sample due to the Customer’s fault, i.e., insufficient amount or failure to follow the instructions for the Test, then the Customer will not be entitled to a replacement Test under this Section 5.8, nor to a refund, and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease. If the Customer is still interested in the Services, the Customer may repurchase the Goods at the current price.

  9. Medical use. By using the Services, the Customer agrees not to use any information provided by the Services for diagnostic, preventive, therapeutic, or medical rehabilitation, nursing, or health care decisions and procedures before seeking professional advice from a physician or other qualified health care professional. The Services are not intended for medical diagnosis, care, or as a basis for decisions regarding the health condition. The Services are intended for research and educational purposes only and in no way constitute the provision of healthcare services or medical advice. Do not change your habits or take action based solely on the Services, always contact your physician or other qualified healthcare professional. For the avoidance of doubt, Macromo states that the Services are not for the purpose of determining paternity.

  10. Updates. Since the knowledge and science is constantly developing, the results of the Tests might change in the future. The Customer acknowledges that Macromo may unilaterally update their results based on the new findings. Once updated, only the current results will be available in the Application.

  11. Pairing. The Customer is obliged to pair the Test with their Account before sending the Test to the Laboratory using the Sample ID. Without successful pairing, Macromo is unable to provide the Services. The Customer acknowledges that if the Customer fails to pair the Test and the Account, the Customer shall not be entitled to a refund and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease.

  12. Services not for minors. The Services are intended exclusively for persons who reached the age of majority. Parents or legal guardians may use the Services for their children, subject to their representation in Section 10.3.

  13. Specification of the Goods. A description of the main features of the Goods can be found on the Website or the Application. Every effort has been made to ensure that the description and specification of the Goods are correct. However, although the photographic reproduction is a faithful representation, there may be slight variations from the actual Goods.

  14. Packaging. The Tests are packaged to ensure their protection and preservation. Macromo does not infringe the original packaging of the Tests supplied by the Manufacturers and it is not Macromo's intention to represent the Tests as its own product which Macromo would market under its own name.

  15. PURCHASING THE SERVICES

  1. Order. The Customer may order the Services by following the ordering process on the Website or in the Application. Purchase is complete when the Customer presses "Buy", "Purchase", or similar.

  2. Processing the order. All orders are subject to acceptance by Macromo, which will confirm such acceptance to the Customer by sending the Customer an email confirming the order (“Order Acceptance”) or by concluding the order form. The contract shall be formed at the moment the Customer will be sent the Order Acceptance. The contract applies only to the Goods and Services specified in the Order Acceptance. Macromo shall not be obliged to supply any additional goods and/or services that may have been included in the Customer's order until the Customer has received the Order Acceptance for those goods/services. The Customer shall also be informed of the non-acceptance of the order. Failure to accept the Customer's order may be due to one of the following reasons:

    1. the Goods ordered by the Customer are not available in stock;

    2. the Services ordered by the Customer are not currently available due to reasons on the part of the Laboratory who is the subcontractor of Macromo or the Goods that are necessary for the provision of the Services are not available;

    3. the Goods ordered have not been delivered by the Macromo subcontractor or the Goods delivered have been damaged;

    4. Macromo has not received payment from the Customer for the Services; or

    5. discovery of an error in the price or description of the Services.

    6. Archive of the orders. Contracts concluded between Macromo and its Customers are stored in an electronic archive. The contract shall be archived for a period of five (5) years from the date of its conclusion in accordance with applicable laws.

  1. WITHDRAWAL FROM THE CONTRACT

  1. Consumers. The Customers who order the Services as Consumers have the right to withdraw from the Contract regarding the unused Services within fourteen (14) calendar days from the day following the date of receipt of the Services (calculated from the date the Goods were received as part of the Services). For avoidance of doubt, this does not apply to Subscription, which is deemed delivered and used by the Consumer when paid.

  2. Damages Goods. Because the Goods sold by Macromo are supplied in sealed packaging for health and hygiene reasons, it is not possible to withdraw from the Contract in accordance with Section 7.1 if the Customer has removed the Goods from the packaging or otherwise damaged the packaging.

  3. Timing. If the order consists of multiple items or parts which are delivered on different days, then the withdrawal period (in relation to the order as a whole) shall end fourteen (14) days after the date on which the last of the items or parts is delivered.

  4. Procedure. The Customer may withdraw from the Contract by sending the withdrawal to the email address info@macromo.org. A sample withdrawal form is available on the Macromo website https://shop.macromo.org/pages/formular-na-odstoupeni-od-smlouvy.

  5. Withdrawal from the Contract must include a clear statement that the Customer wishes to withdraw from the Contract which shall contain the Customer's name, address, order details, and contact details such as telephone number or email address.

  6. State of Goods. Returned Goods must be undamaged, clean, in their original packaging, with original labels, and in the condition and value in which the Customer received the Goods. The Goods must be returned complete, i.e., with the supplied accessories, complete documentation, and gifts, if any.

  7. Return. The Customer shall return the Goods to Macromo no later than thirty (30) days from the date on which Macromo is informed of the withdrawal from the Contract to the following address GeneSpector s.r.o., Petrská 1180/3, 110 00 Prague 1, Czech Republic. Any return of Goods is at the Customer's own risk. For this reason, we recommend sending the Goods by registered mail. All return shipping costs are the responsibility of the Customer, except in cases where Macromo has sent the Goods to you in error.

  8. Refund. Macromo shall refund to the Customer the full amount that has been paid for the Goods returned by the Customer under this Section 7. Macromo may deduct from the refund an amount equal to the decrease in value of the Goods as a result of the Customer having tampered with them beyond what is necessary to establish the nature, characteristics, and functionality of the Goods. If the Customer returns the Goods in damaged packaging, it is not possible to exercise the right to withdraw from the Contract in accordance with Section 7.2, and therefore the Customer will not be refunded the price of the Services, not even partially.

  9. Confirmation. Upon return of the Goods, the Customer will receive a confirmation email detailing the amount that has been refunded and the Goods that Macromo has received back. Macromo will refund the money using the same payment method that the Customer originally used to make the payment. Macromo shall refund the money within thirty (30) days from the date of receipt of the notice of withdrawal from the Contract, but not earlier than after Macromo has received the returned Goods.

  10. LIABILITY FOR DEFECTS AND DAMAGED GOODS

  1. In the unlikely event that the Customer receives defective Goods, the Customer shall be entitled to one of the remedies described in this section. However, the rights arising from defective Goods shall not arise if the Customer knew that the Goods were defective before accepting the Goods or if the Customer caused the defect.

  2. The rights and obligations of the Parties regarding rights arising from defective performance shall be governed by the applicable generally binding regulations, in particular the provisions of the Civil Code, as amended, and the provisions of Act No. 634/1992 Coll., the Consumer Protection Act, as amended.

  3. The Customer may exercise the rights of defective performance with Macromo by sending an email to info@macromo.org. The Customer is obliged to state in the notification the following:

    1. a detailed description of the claimed defect;

    2. order number (or other order identification);

    3. their contact details;

    4. attach evidence of damage to the Ser (e.g., photographs).

  4. Macromo will examine the returned Goods and notify the Customer by email within thirty (30) days from the date of receipt of the complaint about the result, refund or replacement, if applicable.

  5. Macromo will process any refund due to the Customer as soon as possible and in any event within thirty (30) days of the date on which an email is sent to the Customer informing them that they are entitled to a refund for the defective Goods. Refunds will be made by the same payment method originally used by the Customer to make the payment (unless otherwise expressly agreed by the Parties).

  6. Macromo will pay reasonable postage associated with the return of Goods up to the amount of standard postage and will not refund any premium delivery component.

  7. The provisions of this Section 8 shall apply analogously for defective Services other than Goods.

  8. SECURITY AND PRIVACY

  1. Privacy Policy. The protection and processing of the Customer's personal data is subject to Privacy Policy, which is available on the Website or in the Application.

  2. Cancellation of Account. If for any reason the Customer no longer wishes to use the Application before canceling the Account, Macromo will, at the Customer's request, export the Customer's results from the Application in an acceptable format so that the Customer's data will be available to the Customer after the termination of their relationship with Macromo. Upon cancellation of the Account, Macromo will irretrievably destroy all of the Customer's Personal Data, including the results of the Tests analysis. The Customer acknowledges that after the cancellation of the Account, it will no longer be possible to export the result from the Application and Macromo will not be able to recover the data in any way. The Customer acknowledges that upon the termination of the Customer's User Account, Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease.

  3. WARRANTY

  1. Warranty. Macromo is responsible to the Customer for the fact that the Services:

    1. have the features described by Macromo on the Website or the Application;

    2. can be used for the purposes specified by Macromo;

    3. meet the requirements set out in the applicable laws; and

    4. are of the agreed quantity and quality.

  2. Warranties of the Parties. Each Party represents and warrants to the other Party that it has the necessary legal personality and authority to enter into, deliver, and perform its obligations under the Terms.

  3. Warranty of the Customer. The Customer represents and warrants to Macromo that Test delivered to the Customer and then used by the Customer contains: (i) the Customer's own sample; or (ii) the sample of a person for whom the Customer is the legal guardian; or (iii) the sample of a person for whom the Customer is in a similar position which authorises the Customer to act on behalf of that person. The Customer also represents that they do not interfere with or violate in any way the rights of third parties.

  4. Availability of the Application. Macromo hereby represents and warrants that it will use reasonable efforts to make the Application available twenty-four hours a day, seven days a week.

  5. Application Warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MACROMO DISCLAIMS ALL OTHER PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, NON-INFRINGEMENT, SYSTEM INTEGRATION OR QUIET ENJOYMENT, AND THE MACROMO APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”.

  6. LIABILITY FOR DAMAGE

  1. Macromo is not liable:

    1. for the Customer's failure to comply with the instructions enclosed with the Goods;

    2. for any damage or any other consequences incurred by the Customer based on or related to the actions of individual Customers, the manner in which they use the Services, or other circumstances arising on the Customer's side;

    3. for errors resulting from third-party interference with the Services or from their use contrary to their intended use; and

    4. for services provided by entities other than Macromo, in particular Payment Service Providers and Laboratories, or for any consequences of their acts or rights and obligations related to these services.

  2. To the broadest extent possible under applicable laws, Macromo shall not be liable for any damages that the Customer may incur in connection with the use of the Application or in connection with the non-functionality, unavailability, or error of the Application. Macromo shall not be liable for any indirect, consequential, or incidental damage or any loss (including loss of opportunity, loss of profit, or loss of data), costs, expenses, or payments associated with the use or inability to use the Applications.

  3. Macromo shall not be liable for any damage that the Customer may incur in connection with the misuse of the Account or unauthorized access to the Account.

  1. CONSUMER PROTECTION

  1. In accordance with Article 14 of EU Regulation 524/2013 on online dispute resolution for consumer disputes, amending EC Regulation 2006/2004 and Directive 2009/22/EC, the Customer has the right to exercise his or her rights and claims under the Contract with Macromo through online alternative dispute resolution ("ODR"). ODR is provided through a platform operated by the European Commission. The Customer, who is a Consumer, is entitled to use the ODR platform for dispute resolution in the language of their choice. The ODR platform is accessible online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLangu

  2. The Customer may resolve their disputes in accordance with EU Directive 2013/11/EU on alternative dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC ("ADR"). You can find your country's dispute resolution body here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2&lng=EN

  3. The Customer has the right to contact Macromo for redress if they are dissatisfied with the manner in which Macromo has handled their complaint, or if the Customer believes that Macromo has violated their rights, by sending an email to info@macromo.org.

  4. The Customer also has the right to file a complaint with the Czech Trade Inspection Authority.

  1. INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise stated, the Website or the Application, and their individual parts, the user interface, the appearance of icons, graphics, photographs, videos, and texts are copyright works within the meaning of Act No. 121/2000 Coll., the Copyright Act, as amended. According to the Copyright Act, the proprietary rights to the Website and the Application, and all of their content are owned and exercised by Macromo.

  2. The Customer is not entitled to reproduce, modify, decompile, translate, process, merge with another work, incorporate into a database, publicly distribute, publicly display or otherwise deal with the intellectual property pursuant to the Section 13.1 above.

  3. Under these Terms, Macromo does not grant consent to the use of:

    1. trade names and other names of legal entities;

    2. trademarks; or

    3. other signs used by Macromo

except as required by their reasonable and customary use in identifying the originator of the Services.

  1. Macromo does not monitor what information other Customers and our Laboratories upload to the Website or the Application, if any. In the event that the Customer believes that any content infringes their intellectual property rights, the Customer shall notify Macromo at info@macromo.org together with information proving their claim, namely:

    1. identification and contact details of the Customer;

    2. description of the work, the intellectual property rights that the Customer claims to have infringed;

    3. description of where infringing content is located; and

    4. identification of the person who infringes intellectual property rights (to the extent known to the Customer).

  2. If Macromo determines that intellectual property rights are being infringed, Macromo will remove the infringing content from the Website or prevent access thereto at its discretion.

  1. FINAL PROVISIONS

  1. Applicable law. This Contract and any dispute or claim arising out of or in connection therewith or its subject matter or formation (including non-contractual disputes or claims) shall be governed by the legal regulations of the Czech Republic.

  2. Disputes. All disputes arising out of or in connection with the Contract, including disputes concerning the existence, validity or termination of the Contract or the consequences of its invalidity, shall be decided exclusively by the competent courts in the Czech Republic.

  3. Severability. The provisions of this Contract are severable and if any part is found to be invalid, illegal or unenforceable, the validity or enforceability of the remaining parts shall not be affected.

  4. Force majeure. Neither Party shall be in breach of the Contract or liable for damage if the failure to perform is caused by an event or circumstance (or combination of events or circumstances) that such Party could not have reasonably foreseen and that is beyond its reasonable control ("Force Majeure Event"); The following events shall always be considered Force Majeure Events with respect to Macromo: (i) power failure; (ii) natural disaster; (iii) failure or delay of telecommunications networks, internet, hosting, hardware, software; (iv) damage to Macromo's systems and infrastructure, including viruses, and cyber attacks.

  5. Terms Amendments. Macromo has the right to revise and amend these terms and conditions from time to time. The latest version is always available on the Website and in the Application. The Customer shall comply with the Terms effective at the time the Customer ordered the Services from Macromo, unless a change to these Terms is required by the law or public authority (in which case it shall apply to the Customer's previously placed orders) or unless the Customer is notified by Macromo of a change to these Terms before sending the Customer an order acceptance (in which case Macromo shall be entitled to assume that the Customer has accepted the change in terms and conditions unless Macromo notifies the Customer to the contrary within 7 (seven) business days of receipt of the Goods). If the Customer does not agree to such a change to the Terms, the Customer must stop using the Services. If the Customer continues to use the Services, the Customer will be deemed to have accepted the amended Terms.

  6. Contact details. If you have any questions, you can contact Macromo at info@macromo.org, or at its registered office at Jeseniova 2760/56f, Žižkov, 130 00 Praha 3.

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