Terms and conditions
Valid as of 23 May 2017
Please read these Genetic Testing Terms and Conditions carefully before submitting your order for genetic testing services from Asper Biotech Ltd (‘Asper Biotech’). 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 this website or genetic testing services.
Asper Biotech may revise these Terms and Conditions at any time and for any reason. Valid Terms and Conditions are at all time available on the website. Please read the Terms and Conditions each time before submitting an order. By continuing use of the website and Asper Biotech services after any changes you will be accepting such changes.
These Terms and Conditions shall be governed by the laws of Estonia. The courts of Estonia will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms and Conditions and genetic testing performed by Asper Biotech.
In the context of these Terms and Conditions a ‘customer’ is a healthcare provider submitting an order to Asper Biotech and sending his/her patient’s sample for testing.
Information of the sample material
- All requirements and instructions for samples, including information about tests for which Asper Biotech will mail sample collection kits, are published on Asper Biotech’s website.
- Genetic test is performed if:
- the submission form has been filled in as required; and
- quality requirements have been followed in the process of collecting and storing the sample material; and
- quality, quantity and concentration of the sample material is in accordance with the requirements; and
- 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.
- 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 the respective e-mail address has been added on the submission form.
- 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 and 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.
- Unless otherwise instructed by the customer, Asper Biotech may use remaining de-identified sample material for quality improvements and/or scientific purposes.
Performance of the genetic test
- The customer shall be responsible for getting the informed approval from the patient whose sample is sent for testing. The customer of the genetic test shall be responsible for providing a genetic consultation to the patient both before and after the test. Genetic testing is for informational purposes only, it is not medical advice, and it is not substitute for professional medical advice, genetic counseling, 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.
- Turnaround time of the genetic test depends on the testing method used. All information about turnaround time are published under ordering information of each test on Asper Biotech’s website. 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.
Limitations of the genetic testing
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.
- Limitations of the next generation sequencing (NGS). NGS is limited in detecting the following types of mutations (this list might not be exhaustive): intronic mutations (except whole genome sequencing – WGS), large rearrangements, copy number variation mutations (large deletions/duplications), mitochondrial genome mutations (except WGS), epigenetic factors, mosaic mutations, uniparental disomy, mutations in repetitive or GC rich regions, mutations in genes with corresponding pseudogenes or other highly homologous sequences.Whole exome sequencing (WES) does not target 100% of the genes in the human genome; approximately 97% of exons are targeted. However, ~10% of exons may not be covered at sufficient levels to reliably call heterozygous variants. WGS does not analyze all genes or detect all mutations in the human genome due to technical reasons. Each individual may have slightly different coverage yield distributions across the exome or the genome. Clinical sensitivities and specificities of any individual exome or genome are not calculated. Rare variants at the probe target site may affect analytical sensitivity.
- Limitations of Arrayed Primer Extension (APEX) and Sanger sequencing. APEX and Sanger sequencing are limited in detecting the following types of mutations (this list might not be exhaustive): large rearrangements, copy number variation mutations (large deletions/duplications), epigenetic factors, mosaic mutations, uniparental disomy, mutations in simple repeats (short variable number tandem repeats), homopolymers (stretches of the same nucleotide) and GC rich regions.
- Limitations of Multiplex Ligation-dependent Probe Amplification (MLPA). MLPA cannot be used on single cells (at least 3000 cells are required) and on samples amplified by WGA methods (Whole Genome Amplification). MLPA cannot detect balanced translocations and distinguish female triploid from diploid cells. This list might not be exhaustive.
Interpretation of the results of genetic testing
The purpose of genetic testing is to identify disease-causing genetic mutations, to evaluate the presence of predisposition to a genetic disease, and to assess the risk for developing a genetic disease.
- Genetic testing may not identify the cause of disease despite the detected variations. If genetic testing identifies the genetic cause of a disorder, it is possible that this knowledge may or may not help with the prognosis and management of the disease.
- Negative result (no mutation detected) does not exclude the presence of a genetic disease or predisposition to a genetic disease.
- While assessing the disease risk, genetic background 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 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, and 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.
- In case of WES and WGS, incidental findings are reported according to ACMG recommendations for reporting of incidental findings or secondary findings in clinical exome and genome sequencing. Any other incidental findings not related to ACMG recommendations or patient’s medical condition will be discussed with the customer before reporting.
- Asper Biotech is not responsible for legal, material, social, psychological, or moral consequences that may appear in association to the results of genetic testing.
Issue of the test 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.
- Raw data of test results in case of WES, WGS, and NGS of gene panels will be stored for 3 months after the test results have been issued. Any inquiries about the test results requiring additional data analysis are accepted up to 3 months after the test results have been issued.
- Unless otherwise instructed by the customer, Asper Biotech may use de-identified test results for quality improvements and/or scientific purposes.
- The customer has a right to renounce the knowledge of the test results by informing Asper Biotech in writing before the results have been issued, whereas it does not give the customer the right to reclaim the sum paid for the test.
Price and payment and cancellation
- 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.
- Order may be cancelled until Asper Biotech has not begun to analyse the sample. Order is not eligible to be cancelled if the analysis is in the process.
- Orders cancelled after the collection kit has been delivered to the customer, 75% of the test price will be refunded.
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 genetic 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.