July 2018, Rev #1
1. General, Consent, and Application.
1.5.1. “Client” — patient, subject, physician, including geneticist, clinical geneticist, genetic counselor and specialist, genetic institute (as defined in the Israeli Genetic Information Law), genetic testing laboratory, including medical laboratories that have been granted a license to perform genetic testing (pursuant to the Israeli Genetic Information Law).
1.5.2. “Associates” — additional individuals in respect of whom the Client provides information to Taliaz.
1.5.3. “User” — a visitor and/or user of the Website, including a Client.
1.5.4. “Services” — conducting the test, granting and accessing the test reports.
1.5.5. “Products” — products that Taliaz provides, which include the test kit, the questionnaire, the reports, the test, and the test results.
1.5.7. “The Test”— the Predictix test, aimed at recommending a medicinal treatment in light of the genetic and clinical information of the Client using the Predictix System.
1.5.8. “Test Report”—the output of the Predictix System, which gives the physician an indication about a possible match for the medications detailed in it, which may assist the physician in the prescription of the treatment, while paying attention to the entirety of the data (including the clinical data) related to the patient.
1.5.9. “The Test Kit” — a DNA collection kit and the questionnaire.
1.5.10. “The Predictix System” — a system for processing genetic and clinical information in order to recommend medicinal treatment.
2. Using the Website and the Services
2.3. Taliaz may, at any time, according to its sole and absolute discretion, change and/or terminate the provisions of the Services using the Website and/or any part thereof, and this, without being obligated to give the User any notice about it.
2.6. The use of the Website and the information available on the Website (including the Test Report) does not constitute any medical recommendation and/or counseling (including genetic counseling). The use of the Test Kit, the Test, and the information available on the Website (the Test Report) is strictly at the User’s own risk, Taliaz shall not be responsible for any damage or loss, whether direct or consequential, related to the use of the System, the Test Kit, the Website and/or the information found on it (including the Test Report) and/or the use of the Services and/or the relying on any of them.
2.7. The Test
2.7.1. The Client must provide Taliaz with the appropriate sample according to the type of Test as detailed in the Test Kit inside the Test Kit, along with (a) a Consent Form, signed by him and/or by the Associate in whose name he is providing the Test; and (b) the questionnaire found in the Test Kit. It is hereby clarified that Taliaz shall only deal with saliva samples that it receives together with a signed Consent Form and a questionnaire completed to Taliaz’s satisfaction, and this, at Taliaz’s discretion.
2.7.2. Taliaz shall produce DNA from the sample provided by the Client, on its own or using an external laboratory (“the External Laboratory”). The DNA shall be analyzed, and when the results of the DNA test are received, its data shall be entered into the Predictix System and, with the data from the questionnaire, the Test Report shall be produced.
2.7.3. If there is any fault in the saliva sample provided by the subject, and it is impossible to produce DNA from it for any reason whatsoever, the subject shall have to repeat the process.
2.7.4. Taliaz shall send the Test Results to the patient and/or the attending physician, pursuant to the patient’s directions on the Consent Form.
3. Declarations and Undertakings
3.1. The Physician, declares and undertakes as follows:
3.1.1. That the patient has authorized him to take a sample for him using the Test Kit, to fill out the questionnaire, to send the sample to Taliaz and/or an external laboratory (as per Taliaz’s instructions) using the Test Kit, and to receive the Test Results from Taliaz. The physician further confirms that the Test is conducted in connection to full medical services;
3.1.2. That he has given the patient a detailed explanation regarding the meaning of the Test (including pursuant to the Consent Form), the collection of the sample and the conducting of researches (if it appears on the Consent Form), and that after he gave the patient the legally required explanations, including explaining to the subject that the Consent Form includes a written informed consent according to the Genetic Information Law, 5761-2000, the subject signed the Consent Form;
3.1.3. That he understands and has explained to the subject the rest of the provisions of these Terms, and that (a) the physician, and him alone, is the only one who determines the proper medicinal treatment, while examining the entirety of the subject’s clinical data, and that the subject has undertaken before him not to make any use of the Test Results, in whole or in part, unless pursuant to the physician’s advice, and at his own risk; (b) the limits of the Test (as hereinafter detailed and on the Consent Form); (c) sometimes, due to the performance of a certain genetic test, there may occur a situation where a disorder or any other condition, which were not initially intended to be detected, shall be identified; (d) it is possible that certain samples and additional information received from the Test shall be kept for the purpose of improvement processes, internal checks and validation, teaching and/or research purposes, and that this shall only be done after any identifying details have been detached from the samples in a manner that shall not enable the reidentification of the subject. Moreover, it is possible that non-identifiable information (which has been stripped of details that enable the identification of the subject) shall be transferred to research databases; (e) subject to his consent on the Consent Form, following the performance of the Test and with the expiration of the time period required by law for the preservation of the sample, the sample shall be preserved when it is identified for the purpose of any research approved by law if the subject has checked on the Consent Form that he agrees to the preservation of the sample when it is identified; in any other case, the sample shall be preserved when it is non-identifiable. DNA samples that are preserved over time lose their quality, and it is possible that they cannot be used.
3.2. The subject confirms by his/her signature that s/he is not one of the following: pregnant, a minor under the age of eighteen (18) years old, a person for whom a guardian was appointed, legally incompetent.
3.2.1. S/he is aware of the limits of the Test, including—
(a) The Test is performed within the context of full medical services, and is not designated to provide information regarding diseases or syndromes the patient carries and does not perform any medical diagnosis; (b) the subject is aware that due to the complexity of genetic tests, a certain rate of erroneous results, which may distort the test results, is possible; (c) the test does not supersede the physician’s decision, but serves as a decision-supporting tool that assist the physician in personalizing the treatment for the patient; (d) the Test is not used to diagnose depression or any other mental condition; (c) the proper interpretation of the Test Report and its use for the purpose of providing medical service depends on many factors, which the Company is not responsible for, such as (1) a full and accurate report about the subject’s health condition and/or the health condition of the subject’s family, (2) the reliability of the answers to the questionnaire, (3) the reliable results of the genetic test performed by the laboratory, (4) additional background diseases, and (5) life events, and more; (e) the Test is, inter alia, a statistical analysis that relies on probabilistic tools in order to assist the physician in determining the suitable medicinal treatment; (f) the performance of the Test does not guarantee that the Services shall yield the desired or optimal results for the subject, and nothing in the performance of the Test guarantees that the forecast given in the framework of the Services shall indeed be accurate. The Test is not intended for the aforesaid in Section 3.1.4.
3.3. The User (including the patient and the physician) declares and undertakes
3.3.1. That he is aware that nothing in the Test and the Test Report constitutes any suggestion or consultation, neither general or such that considers the patient’s personal needs, and that the physician, and him alone, is the only one who determines the proper medicinal treatment, when examining the patient’s entire clinical (and other) data.
3.3.2. That he shall not, and shall not enable others to do so, - (a) use the platform and/or Website and/or Services and/or the information available on any of them (including the Test Report); (b) bypass, change, interfere or hinder any component (including security components) on the Website and/or platform, the information on the Website; (c) use the Website, or the information included on it, in any manner, in order to violate the privacy of any other User and/or cause any damage to any other person or to cause any harm to any other person; (d) to collect and/or store information about the Users on the Website; (e) infringe, in any way, the rights of Taliaz or any third party, including intellectual property rights; (f) copy, publish, replicate, transmit, publicly display, process, reverse engineer, create derivative works, sell, rent, transfer or participate in a transfer, rent or sale, distribute, change or give to a third party any part of the platform, Website and/or the contents available on any of them, including the code, the contents, and the services included on them; (g) take advantage of the platform and/or the Website, in any way, other than for the purpose for which they were designated; (h) impersonate Taliaz, any other User or any third party; (i) transfer the access means allotted to him (if allotted) to the use of another person, unless an explicit written approval to that end was received from Taliaz; (j) decelerate or otherwise sabotage the operation of the Website or platform.
3.4. The Subject agrees, declares, and undertakes as follows:
3.4.1. That, in the event that he is using the product, he has signed the Consent Form and has enclosed it to the saliva sample;
3.4.3. To take sole and complete responsibility, including for any risk stemming from any use made of the Website and/or Products and/or Services and/or the Test Results (including with regard to the User information and including with respect to the Associates about whom he gives information);
3.4.4. That he himself is the Subject (as defined in the Genetic Information Law) in respect of whom the genetic information is provided to Taliaz;
3.4.7. That the physician, and him alone, is the only one who determines the proper medicinal treatment, while examining the entire clinical data of the subject.
3.4.8. That the Subject is 18 years old and is not pregnant.
4. Third Parties
4.1. The User is aware that Taliaz uses that assistance of third parties in order to provide some of the Services and/or Products, such as, the manufacturing of the Test Kits, receiving laboratory services and delivery services, preservation of the biological samples, etc. (“Third-Party Services and Products”). Furthermore, it is possible that links to additional Third-Party Services and Products will appear on the Website.
4.2. Taliaz does not control the Third-Party Services and Products, does not necessarily check them and is not responsible to supervise the activity conducted within their framework in any way. The User is aware and consents to the fact that Taliaz shall not bear any responsibility or obligation with regard to the Third-Party Services and Products. Taliaz shall not be responsible for any fault, discrepancy, and/or erroneous (or inaccurate) recommendation caused by Third-Party Services and Products.
5. Intellectual Property. Among the parties, Taliaz holds the full rights (exclusively) in respect of the Test, the Test Kit, the Services, the platform including the Website, and including the components, features and models of any of them, the updates, changes, improvements and upgrades of any of them, and for any future development of any of them (even if done on the basis of insights provided by any User), the data available on any of them (excluding the User information) and all other rights, including any right of patent, trademark, design, copyright and any other intellectual property rights related to the aforesaid, whether listed or not. All of the rights not conferred within the framework of the license are reserved for Taliaz.
6. Liability and Indemnification
6.3. The User is aware and consents to the fact that the use of the Website is conditioned upon an available Internet connection, and the inexistence of an Internet connection and/or the termination of the connection shall prevent the use of the Website. The User agrees that he alone shall bear all of the various charges of the communications service provider, which may be collected for the necessity of an Internet connection in order to use the Website. Taliaz shall not bear any responsibility whatsoever for any damage that may be caused due to the termination of the Services or the availability of the Website, including due to maintenance work, whether or not the User received notice about them. The User understands and agrees that any responsibility and/or risk with regard to the aforesaid shall solely apply to the User.
7. Governing Law, Jurisdiction, and Miscellaneous
7.4. No partnership, agency relationship or joint venture exists between Taliaz and the User.