TERMS AND CONDITIONS

This disclaimer contains a copy of the Pillcheck® website (“Site”) and any related services (“Service”) that are provided subject to these Terms and Conditions (“Terms”). Your use of our site or ordering of any testing or consulting services will indicate your understanding of indicated conditions and limitations, and your agreement to be bound by these terms. If you do not agree to these terms, please do not use our Site or any of the Services.

PLEASE DO NOT CHANGE ANY MEDICATIONS, DISCONTINUE OR CHANGE DOSAGE WITHOUT A CONSULTATION WITH YOUR PHYSICIAN.

You warrant that any biological samples (cheek swab) that you submit to us for processing as part of the Service are your own, that you have followed the cheek swab collection instructions provided by us, and that you are 18 years of age or older. In the case when you submit a sample for your child or parent for whom you are a legal custodian, you take the responsibility to ensure that the sample is lawfully collected with the informed consent of your dependant. We do not take any responsibility for ensuring the identity of biological samples collected independently, and GeneYouIn Inc, the owner of the Pillcheck trademark, does not guarantee completeness of genetic data.

PLEASE NOTE:

The Pillcheck service available on our Site includes genetic tests that are performed in certified testing laboratories according to Good Laboratory Practices, and are made available to you as a part of Your Report of drug response and drug-gene interactions. Only specific, well-identified DNA variations related to drug response are analyzed by Pillcheck. The results are used to generate a personalized report listing your body’s predicted response to all Pillcheck-covered medications. Pillcheck does NOT assess any genes related to disease risk or disease diagnostics and is only a tool to assist you and your healthcare providers to optimize your medications. By ordering these tests, you are acknowledging that you are aware of the nature of the test and the provided Service.

Drug response and dose estimates provided by Pillcheck reflect current clinical guidelines and require adjustment by your attending physician based on your age, gender, weight, kidney or liver function. The clinical guidelines, as well as knowledge of genetics, change from time to time; therefore, be aware that the quoted dose estimates in Your Report are expected to change without notice or permission. GeneYouIn, Inc is under no obligation to contact you or your physician or any other care provider regardless of the severity of implications revealed in Your Report or health data. You are responsible for maintaining up-to-date contact information on our Site in order to get access to the Report updates.

Your genetic and health data will be stored in Your Account, and you appoint GeneYouIn as a custodian of your genetic and health data. GeneYouIn complies with applicable legislation relating to the protection of Personal Information or personal data, including PIPEDA. By accepting these Terms you agree that your anonymized genetic and health data can be used for process improvement purposes.

PLEASE DO NOT CHANGE ANY MEDICATIONS, DISCONTINUE OR CHANGE DOSAGE WITHOUT A CONSULTATION WITH YOUR PHYSICIAN OR PHARMACIST.

No Medical Advice

The contents of our Site, including any of your or any other client’s drug response estimates, or any other report generated by the Pillcheck application and affiliated consulting pharmacists (collectively named “Your Report”), as well as any other information, disease or a diagnosis, drug information, data, analyses, editorial content, images, audio and video clips, references to other publications and websites (collectively named “Content”), are for informational purposes only and are NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY YOUR ATTENDING PHYSICIAN OR OTHER HEALTHCARE PROVIDER.

THE CONTENT OF OUR SITE AND YOUR REPORT ARE INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND ARE GIVEN FOR CONSIDERATION TO YOU AND YOUR HEALTHCARE PROVIDER, TO BE USED IN THE CONTEXT OF YOUR CONDITION, MEDICAL DIAGNOSIS OR OTHER TREATMENTS.

You should not stop following professional medical advice or delay in seeking it because of Your Report or any other Content. DO NOT interpret Your Report or any other Content as a recommendation of any specific treatment plan, product or course of action. Always consult your physician or other qualified healthcare provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified healthcare provider.

PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.

Although GeneYouIn, Inc uses the services of independent consulting pharmacists to provide professional opinions on pharmacogenetic results contained in Your Report, GeneYouIn does not represent that it is a qualified healthcare provider in any jurisdiction and accepts no liability in relation to any advice given by a qualified healthcare provider in connection with the information contained in Your Report.

Account

To access Your Report and/or purchase Services, you will be required to create a user account on the Pillcheck Portal (“Your Account”). You represent your own identity or are a legal guardian / custodian for your children or parents, whose accounts you can request access, and warrant that the information you provide is accurate and complete. If any of the information changes, you should promptly update Your Account. We reserve the right to terminate your use of our Site or of Services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username (your email address) and password for Your Account and you are solely responsible for keeping your password confidential, as well as for all personal health information stored in Your Account or Report, and the uses of our Site and the Services. You must immediately notify us of any unauthorized use of Your Account by contacting privacy@pillcheck.ca.

We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, or is otherwise offensive, or may cause confusion, as determined by our discretion.

All biological samples and DNA will be destroyed after 30 days following the obtaining of the test results; however, the information of your genetic code will be stored in Your Account, and you appoint GeneYouIn, Inc as a custodian of your genetic and health data. By accepting these Terms you agree that your anonymized genetic and health data can be used for analytic and process improvement purposes.

Charges and Billing

Fees for Pillcheck Services cannot be paid in cash and will only be paid using a credit card. You represent and warrant that you are authorized to use your credit card, and you agree to pay all charges incurred using Your Account. All charges will include the Harmonized Service Tax on sales in addition to the quote price. Billing for the Service commences immediately upon placement of your order. We reserve the right to accept or reject orders for any reason and to stop accepting credit cards from one or more issuers. Price and availability of any test or Service are subject to change without notice.

Your payment will be refunded, less any shipping and handling costs incurred, if you terminate your Service agreement prior to the processing of your sample in the lab, but all charges upon commencement of testing are not refundable.

You must submit your termination request electronically to info@pillcheck.ca and the e-mail receipt time is the validated timestamp.

Limitations on our services

GeneYouIn provides Your Report exclusively in English. Pillcheck Pharmacist Opinion Letters are available in French upon request.

If you are a United States resident, no testing or processing will be performed – our services are not available for direct to consumer sale to United States residents.

Privacy and security

GeneYouIn’s current privacy and security policies and practices are described in our Privacy Policy. We reserve the right to update our privacy and security policies and practices at our sole discretion. You may choose to share Your Report with your physician or other trusted healthcare service provider by using a discount ordering code provided by your healthcare practitioner, or by contacting GeneYouIn to grant access to your healthcare practitioner’s email. We are not responsible for maintaining the security and confidentiality of copies of Your Report that are stored outside of GeneYouIn’s databases. We are not and cannot be responsible for any personally identifiable information about you that you release on your own, or that you request or authorize us to release. You may not use any Content obtained from our Site in any other manner or for any other purpose without prior written permission.

Access to your biological sample and health data by a court-appointed order will be granted according to the Privacy laws of Canada and Ontario.

We employ commercially validated and reasonable computational and organizational safeguards against unauthorized disclosure or access to your genetic data or other personally identifiable information about you according to our Privacy & Security Policy. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND GENEYOUIN DOES NOT GUARANTEE THAT YOUR PERSONAL IDENTIFIABLE INFORMATION WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, OUR SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT GENEYOUIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS MAY USE MALICIOUS SOFTWARE (VIRUSES, WORMS, TROJAN HORSES AND OTHER SOFTWARE) TO OBTAIN ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. GENEYOUIN WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES IN CONNECTION WITH UNAUTHORIZED DISSEMINATION OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PARAGRAPH.

Trademark and Ownership

The Site is owned and operated by GeneYouIn, Inc. and is title to the Content and the Services, and any intellectual property, Pillcheck and other trademarks and rights, are and will remain with GeneYouIn and its authorized partners. The Content and the Services are protected by Canadian and international copyright, trademark and other laws. GeneYouIn grants you a non-exclusive, non-transferable, revocable, limited license to receive the Services you purchase from GeneYouIn, and to view and print one or more copies of Your Report and a single copy of any other Content obtained by you from our Site, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content.

Our partners may impose additional restrictions on the Content they provide to GeneYouIn (such as journal articles and editorial content); in the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to GeneYouIn, its licensors and suppliers. By using our Site or any Services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Site or any Services, or copy and /or redistribute any part of our Site without prior written consent from GeneYouIn.

All trademarks, service marks and logos used on our Site are owned by GeneYouIn and its named partners. You may not use or display any trademarks, service marks, logos or designs used on our Site without prior written consent from the rightful owner(s).

Third party websites

Our Site contains hyperlinks to third party Websites. Hyperlinks to or from our Site do not constitute any endorsement or recommendation by GeneYouIn of any third party or its Website, products, resources or other information. Any opinions, advice, statements or other information expressed or made available by third parties via our Site are those of the respective third party and not necessarily those of GeneYouIn. GeneYouIn is not responsible for any software, data or other information available from any third party Website. You acknowledge that GeneYouIn shall have no liability for any damage or loss arising from your access to, use of, or reliance on, any third party site, software, data, or other information.

No warranty

OUR SITE, THE SERVICES, YOUR REPORT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. GENEYOUIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GENEYOUIN DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. You may also have other rights under applicable law, which vary from state/province to state/province. In the event that applicable law imposes implied warranties notwithstanding the foregoing, any implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

Limitation of liability

GENEYOUIN ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL GENEYOUIN, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, YOUR REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND GENEYOUIN OR OUR SITE; LOSS OF OR DAMAGE TO YOUR BIOLOGICAL SAMPLE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR SITE; OR ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT GENEYOUIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some provinces/states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless GeneYouIn, its licensors, suppliers, and their respective directors, officers, employees, contractors, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your use of our Site, the Services, Your Report or other Content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our Site. You agree to cooperate as reasonably required in the defense of any such claim. GeneYouIn reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of GeneYouIn.

Procedure for making claims of copyright infringement

GeneYouIn’s agent for copyright issues relating to the Site is as follows:

General Counsel
GeneYouIn,
Inc. 16 Ferretti St. Maple, ON, L6A 0H6

If you believe any Content infringes your copyright, you may request that such Content be removed from our Site by contacting GeneYouIn’s copyright agent and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide its URL or any other pertinent information that will allow GeneYouIn to locate the material.
  • Your name, address, telephone number and email address.
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information that you have supplied is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
  • Applicable law.
  • This agreement and the resolution of any dispute related to these Terms, our Site, the Services, Your Report or any other Content shall be governed by and construed in accordance with the laws of Canada, without regard to its conflicts of law principles. Any legal action or proceeding between GeneYouIn and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in Maple, Ontario, Canada and you agree to submit to the personal and exclusive jurisdiction of such courts.