Please read these Genetic Testing Terms and Conditions carefully before submitting your order for genetic testing services from Asper Biotech Ltd. By submitting your order, you provide your acceptance of these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you may not use the site or gene testing services.

Asper Biotech may revise these Terms and Conditions at any time and for any reason. Modifications may be posted on the website. By continuing use of the website and Asper Biotech services after such changes are made you will be accepting such changes.

These Terms and Conditions shall be governed by the laws of Estonia. The courts of Estonia shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with these Terms and Conditions and gene testing performed by Asper Biotech.

Information of the sample material

• Genetic test is performed if:

1. the submission form has been filled in as required; and
2. quality requirements have been followed in the process of collecting and storing the sample material; and
3. quality, quantity and concentration of the sample material is in accordance with the requirements; and
4. the code of the sample material or patient’s name on the submission form is in full accordance with the code of the sample material or patient’s name marked on the sample container.

All requirements and instructions for samples are published on Asper Biotech website.

• Asper Biotech shall not be responsible for the loss of the sample sent for testing or for being sent to a wrong address or for breaking the container during transportation.

• Asper Biotech is entitled to ask for additional sample material if the quantity or quality needed for testing is not in compliance with the requirements.

• Asper Biotech will inform the customer of the received sample by e-mail if a respective e-mail address has been added on the submission form.

• The sample material sent for testing is used only to perform the requested testing. No other laboratory studies are performed with the sample material. The remaining sample material is stored in case the customer would like to repeat the testing in the future. In case there is not enough sample material for storing or the customer wishes later to perform a repeated analysis of the new sample material, Asper Biotech shall not be responsible for the differences in the results received by carrying out the new analysis. Sending back the remaining sample material to the customer is performed in accordance with the established price list.

Performance of the genetic test

• The customer shall be responsible for getting the informed approval from the patient whose sample is sent for testing. After receiving the results of the genetic test, the customer of the genetic test shall be responsible for providing a genetic consultation to the patient. Genetic testing is for informational purposes only, it is not medical advice, and it is not substitute for professional medical advice, genetic counselling, diagnosis or treatment.

• Genetic testing performed by Asper Biotech is in accordance with the good practice of laboratory and international quality requirements. The accuracy rate of testing is 99% or higher, the detection call rate (“present” vs. “absent”) at least 98%. The development of the genetic test and performance of the analyses is based on our current knowledge of the molecular biological data and it may change over time as more information becomes available. Due to the variability of DNA as a biological material and the molecular biological methods used, in rare cases the result of the genetic test may appear to be invalid, and/or be different from the quality conditions determined previously.

• Genetic test is performed within 3-6 weeks as from the receipt of the samples. In case of express service the test results are received within 7 working days as from the receipt of the samples. Asper Biotech will do everything to submit the results of the genetic test at the first possibility, but Asper Biotech cannot take responsibility for the delay of the results due to unforeseen time-consuming cases.

Interpretation of the results of genetic testing

• The purpose of genetic testing is to evaluate the presence of the predisposition to genetic diseases, to assess the risk for developing a genetic disease, or to determine the carrier status of a known disease-causing mutation. The interpretation of the results of the genetic testing is based on our current knowledge of the molecular biological data and it may change over time as more information becomes available.

• Negative result (no mutation detected) does not exclude the presence of predisposition for genetic diseases.

• While assessing the disease risk, genetic information is one of the factors for developing the disease; environmental and life-style effects also play an important role. The total risk for developing the disease cannot be assessed based on the results of genetic testing. Increased risk for developing the disease does not necessarily mean getting the disease; whereas the disease may nevertheless present in low risk patients if environmental factors or other currently unknown risk factors decrease or increase the probability of getting the disease. Risk evaluation takes into account the risk in general population, which does not mean one-to-one risk for every single member of the population.

• In the interpretation of the genetic test, it should be taken into consideration that current knowledge on the genetics of the disease or pathogenic disorder, or on the interactions of various genes, may be incomplete. The current interpretation of the genetic test may be subjected to change in the future due to the publication of new scientific investigations.

• The result received based on the genetic test may not be complete, because many ethnic groups are not involved in scientific research. The results of genetic tests issued by Asper Biotech are based on published scientific research and may not be applicable to all ethnic groups.

• Asper Biotech is not responsible for legal, material, social, psychological, or moral consequences that may appear in association to the results of gene testing.

Issue of the results

• The test results will be issued only to the customer of the genetic test. Copy of the results will be issued only to the person(s) whose name(s) and data have been marked on the submission form. Asper Biotech shall not disclose the personal data of the patient or the results of the genetic test to the third parties.

Price and payment

• Asper Biotech reserves the right to change prices at any time. Irrespective of any change of prices the customer will be charged the price, which was specified for the service when the order was placed.

• The customer of the genetic test shall pay the invoice for the performance of the genetic test within 10 calendar days as from the date marked on the invoice unless agreed differently. In case of delay of the payment, Asper Biotech is entitled to add an overdue charge of 0.1% of the amount per each calendar day to the invoice.

Warranties and disclaimers

• Asper Biotech, its divisions, subsidiaries, parent companies or their employees shall not be liable for any direct, consequential, indirect or any other damages arising out of performed gene tests or use of gene tests results. This includes liability for personal injury or death.

• The customer hereby agrees to indemnify Asper Biotech, its divisions, subsidiaries, parent companies or their employees in respect to all loss or damage suffered in connection to use of this website or Asper Biotech gene testing services and in respect of all claims or legal proceeding brought by any third party which arise in connection to such services.

• In no case shall the liability of Asper Biotech, its divisions, subsidiaries, parent companies or their employees exceed the amount paid by the customer for the particular genetic testing. Any claim against Asper Biotech, its divisions, subsidiaries, parent companies or their employees shall be submitted within 6 months as from issue of the test results, otherwise the claim is deemed to be expired.