General Terms and Conditions
Welcome to Genesis’ Skingene/Skinshop Web/Mobile site!
In order to use the Skingene website/mobilesite (www.skingene.in) (digital assets) and its products and services belonging to Genesis (a division of Intercorp Biotech Limited), you (The User) have expressly accepted the following terms and conditions given below and are legally bound to abide by the terms set forth. Please read them carefully. Genesis reserves the right to add, delete, alter or modify these terms and conditions at any time, with prior notice, at the sole and exclusive discretion of Genesis.
You (The User) are therefore advised to read carefully these terms and conditions every time you use the Skingene digital assets of Genesis.
- ‘Genesis’ shall be taken to mean ‘Genesis (a division of Intercorp Biotech Limited)’.
- All information, products and services displayed on the Skingene digital assets constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Skingene has the sole and exclusive right to accept or reject your offer without assigning any reason thereof.
- Skingene have made every effort to display the color of our products that appear on the digital assets as accurately as possible. However, the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of color will be accurate.
- Genesis and its affiliates attempt to be as accurate as possible. However, Genesis does not warrant that product descriptions or other content of the digital assets is/are accurate, complete, reliable, current, or error-free. If a product offered by Skingene digital assets itself is not as described, your sole remedy is to return it in unused condition.
- The User certifies that he/she is at least 18 (eighteen) years of age or has the written consent of a parent or legal guardian.
- Genesis will not be responsible for any damage suffered by The User from use of the products/services on Skingene digital assets. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, negligence, defect, deletion, error, omission, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, or under any other cause of action.
- Genesis will take “Full Responsibility” of your order, if the order has been shipped to any of the major cities, where we used “Private Courier Companies” (eg. Blue Dart, First Flight, Pafex, Ecom Express, Aramex, DHL etc.) to ship your order.
- Genesis is not responsible for any typographical errors or inaccuracies set forth in this or Skingene digital assets. The information, availability, prices, and discounts set forth herein are subject to change without prior notice at the sole and exclusive discretion of Genesis.
- Request for cancellations of orders once placed on Skingene digital assets shall not be entertained.
- Genesis reserves the sole right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded and The User shall be informed of the same.
- If a non-delivery or late delivery occurs due to a mistake by The User viz. wrong or incomplete name or address or recipient not available, any extra cost spent by Genesis for re-delivery shall be claimed from The User placing the order.
- The User agrees to give accurate, authentic and true information. Genesis reserves the right to confirm and validate the information and other details provided by The User at any point of time. If any such The User details are found not to be true wholly or partly, Genesis has the right in its sole discretion to reject the registration and debar The User from using the services of Skingene digital assets without prior notice/intimation whatsoever.
- Genesis will not be liable for any type or kind of credit/debit card/internet banking fraud. The liability to use a credit/debit card/internet banking fraudulently will be on The User and the onus to ‘prove otherwise’ shall be exclusively on The User. The User must exclusively use his/her own credit/debit card/internet banking on the Skingene digital assets.
- Genesis shall not entertain any complaints after 15 days, once the order is delivered.
- ‘Sample’ or ‘DNA Sample’ shall mean saliva, swab or any other biological sample accepted by Genesis for DNA analysis. ‘Skingene Test’ shall refer to any type of genetic predisposition analysis and shall be carried out using whatever genetic test (or tests) deemed necessary by Genesis.
- Genesis will only conduct the requested DNA analysis on receipt of a completed registration and order form accompanied by the correct fee. In addition, the samples received must be in the packaging provided in the kit with barcode indicating that they have not been contaminated.
- In the event that Genesis initiated legal action or appoints an agent to recover unpaid testing fees, it reserves the right to add reasonable collection expenses and legal costs to the outstanding debt. Stopped payments will incur a Rs. 5,000/- administration fee per instance.
- The test report is provided solely for the information of The User and is not deemed admissible as evidence, in any manner whatsoever, in a court of law. If it is intended that the tests are to be used in any court proceedings, you should obtain independent legal advice before seeking a genetic test and ensure that Genesis is informed in writing prior to commissioning the test.
- The User confirms that they are legally entitled to possession of the samples supplied to Genesis. The User accepts to cover Genesis for any loss or damage that Genesis may suffer as a result of samples not having been obtained legally. The User should, if in any doubt, seek independent legal advice about their entitlement to obtain samples before doing so.
- Submission of sample with a sample with a completed registration form constitutes an order and authorized Genesis to commence the testing process and incur the associated fee. If after submission of same an order is cancelled, the total fee is non-refundable.
- Genesis cannot accept responsibility for errors or omission by the sampler or their agent, nor for samples delayed or mislaid by third party postal/courier services.
- In the event that the samples provided are inadequate (by either quality or quantity) for the purpose of conducting a DNA analysis, Genesis reserves the right to request further samples from The User.
- Any samples submitted for testing in packaging other than the one provided by Genesis, samples damaged or potentially compromised in transit, or samples supplied without a properly completed and verified registration form may be rejected and destroyed by Genesis without reservation.
- Genesis will take all reasonable steps to ensure that the reports are provided within the advertised timeframe but cannot accept any responsibility for delay caused by a third party or parties.
- Genesis will supply the report results only to The User who has supplied the sample and completed the registration form (or the legal representatives/or through formal written authorization).
- All samples may be retained or destroyed after the test results have been supplied to The User registered.
- Any alleged claim for damages as a result of omission or malpractice shall be limited to Rs. 1,000/- in respect of each test application. Any such claim will not be accepted unless it is made in writing within 30 days of test date.
- Individual whose saliva sample is being used for the genetic assessment will only have the sole access to the data. This data will not be shared with any other party unless Genesis is given their explicit written consent.
- This agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi only shall have sole and exclusive jurisdiction in any proceedings arising out of this agreement.
Skingene Test (Genetic Predisposition Assessment) Terms and Conditions of Sale (“Conditions of Sale”, or “Terms and Conditions”, or “Terms & Conditions”, or “Terms & Conditions of Sale”, or “T&C”, or “TNC”)
- The Genetic Predisposition Assessment is provided with the understanding that neither Genesis nor its licensors or suppliers are engaged in providing medical, legal or other professional services or advise. The content is intended solely for your informational purposes and is not intended as medical advice, or to be used for medical diagnosis or treatment. It is also not intended as a replacement for professional advice and services from a doctor or qualified health professional familiar with your personal medical history.
- While certain genetic markers, in this case, SNPs (single nucleotide polymorphisms), are associated with a higher incidence of certain diseases or health conditions in certain populations, accessing your genetic information through Skingene Test does not translate into personal prediction. This is for several reasons:
- Genetic information is usually just one factor in whether a persona develops a disease or other health-related traits. Other factors include environmental conditions and how your genetic profile responds to these external conditions (gene/environmental interactions).
- Current understanding of the genetics of any particular type of disease or condition may be incomplete. For example, Genesis may know that a particular SNP in a gene is associated, by proxy, with a disease, but not that a yet unidentified SNP in another gene is also associated with that disease. Even after identifying a second, third or even fourth gene associated with a genetically complex disease, it is still unclear if these genes work in unison or independently. SNP associations also do not necessarily identify the biologically relevant factors involved in a disease, but may simply be locational markers that flag a particular genetic involvement.
- Gene/disease associations are typically based on ethnicity, and studies are generally conducted in limited populations. That is:
- They may provide understanding of a disease in a specific population, but not to any single member of the populations and,
- The associations may not have been studied in many world populations and may not apply in the same or similar ways across populations.
- The genetic information provided by Genesis about potential health conditions should not be used to estimate your overall risk of future disease/conditions.
- The available genetic information could indicate higher risk and you might never get that disease/condition. The available genetic information could indicate lower or average risk and you might already have or get the disease/condition in the future. Furthermore, Genesis’ Skingene test is/are not designed to diagnose, prevent, or treat disease or medical conditions, or to ascertain the state of your health, and is/are not intended to be a medical device. If you have concerns or questions about what you learn through Genesis, you should contact your doctor or other appropriate professional.
- You should seek the advice of the doctor or other qualified medical professional with whom you have such a relationship if you have questions regarding any medical or psychiatric condition, of if you are experiencing any symptoms of, or may believe you may have any medical or psychiatric condition, regardless of any information contained in your Test Report (Genetic Predisposition Report). You should not ignore professional medical advice or delay in seeking it because of your Test Report of any other content. Furthermore, you should not interpret your Test Report of any other content as recommending any specific treatment plan, product or course of action. You should always consult your doctor or other qualified health professional before starting a new treatment or stopping any treatment that has been prescribed for you by your doctor or other qualified health professional.
- By ordering Genesis’ Skingene Test, you agree to be bound by the General Terms and Conditions, Skingene Test Terms and Conditions and:
- You understand that genetic predisposition information you learn from Genesis is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health and that you understand that Genesis’ Skingene services are intended for educational, informational, and research purposes only.
- You acknowledge that Genesis urges you to seek the advice of health professionals if you have questions or concerns arising from your genetic information.
- You give permission to Genesis, its contractors, and assignees to perform genotyping/sequencing services on the DNA extracted from your biological sample and to disclose the results of the analyses performed on your DNA to you and others whom you specifically authorize.
- You certify that you are eighteen (18) years of age or older.
- You are guaranteeing that the sample you provide is your biological sample; if you are completing the consent form on behalf of a person for whom you have legal responsibility, you are confirming that the sample provided is the sample of that person.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take responsibility for all possible consequences resulting from your sharing access to your genetic and other contributed information.
- You understand that your genetic and other contributed personal information will be stored in Genesis’ research database, and authorized personnel of Genesis will conduct research using said databases.
- You are aware that Genesis will take reasonable measures to protect your genetic information with any third party. However, Genesis shall not be held liable to loss of data due to malicious breaches, virus attacks, by hackers or other elements.
- You agree that you have the authority, under the laws of the country, state and jurisdiction in which you reside, to provide the aforesaid consent in writing.
Skingene’s Skinshop Terms and Conditions of Sale (“Conditions of Sale”, or “Terms and Conditions”, or “Terms & Conditions”, or “Terms & Conditions of Sale”, or “T&C”, or “TNC”)
- By placing an order for any product(s) listed on Skinshop (“Product(s)”), you acknowledge and agree that you have read these conditions of sale carefully and unconditionally agree to be bound by them.
- In addition to unconditionally agreeing to these Conditions of Sale, you expressly and unconditionally also agree to all Skingene.in policies and terms and conditions are also applicable to your purchases at Skinshop. In the event there is a conflict between these Conditions of Sale and the policies and terms and conditions on Skingene.in, these Conditions of Sale will prevail with respect to Product(s). While purchasing the Product(s), you confirm and acknowledge that the sale of Product(s) takes place outside India and the title and risk of loss for such Product(s) shall transfer to you immediately upon the delivery of such Product(s).
- Responsibility for Importation
- When ordering Product(s), you acknowledge and agree that you are solely and exclusively responsible for lawful import of the said Product(s) into India and further agree that you are and will be the final consumer of the Product(s) or that you will be giving the Product(s) to another individual as a gift, and in any case the Product(s) is/are being purchased by you for personal use only and not for resale or any other commercial use.
- You may be subject to Import Fees (defined below), which are triggered when a shipment is imported into India as per the applicable Indian laws. You are responsible for the payment of all these Import Fees.
- Import Fees/Custom Duty
- The Product(s) imported into India may be subject to taxes, import/customs duty and fees (“Import Fees”) levied by the Indian customs and/or any such other authorities applicable under Indian laws. You, being the importer on record for the import of Product(s) into India and are solely responsible for payment of all applicable Import Fees. Import Fees are calculated based on the market value (actual price before any promotions/discounts) of the Product(s) and not the price after any promotions/discounts that may be offered by Skinshop.
- When importing the Product(s) into India, customs/import regulations and taxation rates applicable on Product(s) may vary from the date the taxes and duties were estimated and date on which the applicable taxes and duties are actually levied (i.e., the date on which the Product(s) is/are imported into India). The applicable duty or taxation rate is determined by the classification of the Product(s) under the applicable Indian laws. By placing your order for Product(s), you agree to pay the extant Import Fees as applicable on the Product(s) in your order at the time of delivery.
- The Import Fees for the replaced Product(s) shall be borne by Skinshop, if the Product(s) is/are shipped to you as a replacement of an earlier order.
- You authorize Skinshop to designate a carrier (“Elected Carrier”) to act as your agent with the relevant customs and taxation authorities in India, carry out the customs clearance for your Product(s). You further agree that the Elected Carriers may disclose to Skinshop the amount of actual Import Fees levied on the Product(s) that you have purchased through Skinshop (“Actual Import Fees”). In case of gifts or other purchases made on behalf of another individual/recipient, you also agree to grant the foregoing authorizations (in Annexure-1) on behalf of the recipient designated in your order for the Product(s).
- You are required to provide identity and address proofs to receive the delivery of the Product(s) as per the Know Your Customer (“KYC Documents”) documents norms that are applicable to import of products into India.
- The list of proof of identity and proof of address i.e. KYC Documents as per the extant KYC norms are as follows and are subject to change without prior notice:
- Valid Driving License
- Valid PAN Card
- Valid Aadhaar Card
- Valid Passport
- To obtain details regarding the actual Import Fees or relevant documentation or receipts in connection with customs/import clearance, you may contact the Elected Carrier specified in your shipment confirmation e-mail.
Disclaimer of Warranty and other Product Specifications
Because Skinshop Products are imported into India from other countries, please note that the manufacturer warranties may not be applicable; manufacturer service options may not be available; required voltage parameters of the products may be different from voltage parameters provided in India; product manuals, instructions and safety warnings may not be in the local language or in English; and the Skinshop Products (and accompanying materials) may not be designed in accordance with applicable Indian regulations. You are solely responsible for the proper use and import of the Skinshop Products in India.
Easy International Returns and Refunds
Please refer to the returns and refunds policy for the Skinshop Products.
You authorize the Skinshop and/or the Elected Carrier to declare and provide declaration to any governmental authority on your behalf stating that the Skinshop Products are for your internal / personal purpose and not for re-sale or commercial use. You further authorize Skinshop and /or the Elected Carrier to provide any other information pertaining to you or your order to any governmental authority in India or outside as may be requested, under any circumstances.
Inspection of your shipment
Please note that all shipments imported into India are subject to opening and inspection by customs and/or postal authorities to ensure compliance of such shipments with the applicable Indian laws. Accordingly, Skinshop reserves the right to provide and/or disclose certain order, shipment, and product information regarding your order of the Skinshop Products, such as product names or titles, to the Elected Carriers, and such information may be communicated by the Elected Carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with applicable Indian laws.
The package shall be marked as “Gift” if the order is a gift, however, the cost of the item shall still be stated on the customs form as the Indian customs authorities require the value of the gift item to be stated directly on the package.
POWER OF ATTORNEY AND AUTHORIZATION LETTER
I/We the Importer on Record (“IoR”), having interest in the merchandise that are in the package as described in the invoice, hereby grant this Power of Attorney (“PoA”) to Genesis (a division of Intercorp Biotech Limited) to designate the Elected Carrier (as defined below) to clear my/our imported package(s) that I/we have purchased through the Skingene website. This PoA further authorizes the Elected Carrier to provide services for transportation, brokerage and customs clearance processes in India on my/our behalf. Further, as the IoR, I/we hereby authorize the Elected Carrier to provide this document to Indian Customs and CBEC agents and authorities as per Annexure Customs Circular No.9/2010 (//www.cbec.gov.in/customs/cs-circulars/cs-circulars10/circ09-2k10-cus.htm).
I/We hereby authorize the carrier and/or broker designated by Genesis (together with its affiliates and its and their respective customs clearance and other agents, collectively, the “Elected Carrier”), to:
(a) Act as my/our agents and to do all acts necessary on my/our behalf including to file all documents, declarations and Bills of Entry for customs / octroi clearance of all import shipments at landed cost that are consigned to or by me/us through the courier through express or formal customs clearance mode; and
(b) File all documents on my behalf that may be necessary for import customs clearance of shipments based on the declaration and information regarding the goods provided to the Elected Carrier as a result of my/our purchase on Skingene.
This PoA shall remain valid and continue in full force and effect until revoked in writing and acknowledged by the Elected Carrier in writing and shall cover all my/our shipments purchased from Skingene and sent to my/our address in India. This authorization may be produced and presented before any customs station in India as a formal authorization to Elected Carrier for customs clearance of my/our shipments by Elected Carrier.
When you visit www.skingene.in or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications may be in writing.
Copyright and Trademarks
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of Genesis only or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the sole and exclusive property of Genesis only and protected by international copyright laws. All software used on this site is the sole and exclusive property of Genesis and protected by international copyright laws.
- Genesis, Skingene, Skinshop and other related marks indicated on our site are trademarks of Genesis or its subsidiaries, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Genesis or its subsidiaries. Genesis’ and Skingene’s/Skinshop’s trademarks and trade dress may not be used in connection with any product or service that is not Genesis’ or Skingene’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Genesis and Skingene/Skinshop.
- Any other trademarks, company names, product names, and/or logos set forth in this website, including those of or related to any products, are the property of their respective owners. Genesis does not claim to own any of these trademarks and Genesis is not related to, endorsed by, or in any other way connected or associated with these companies.
- The User creates an account when he/she places an order with skingene.in and is automatically enrolled into our loyalty program. The User’s account is recognized by the email address/mobile number first used to place their order. The User must notify us if the said email address/mobile number changes so we can transfer their loyalty discount and other relevant information to the new account.
- The User has the ability to register his/her account to access account management features such as checking order histories or leaving product reviews. Access to these features requires a password. It is The User’s responsibility to create a strong password; keep their password confidential and change their password if they believe it has been revealed to a third party.
- The User is responsible for all actions on the user’s account and for maintaining his/her personal information accurately.
Ratings and Reviews
- The User is eligible to submit a product rating and review for display on Genesis’s digital assets provided he/she has had one shipped order and has registered his/her account to access the account management features of Genesis’ digital assets.
- Genesis reserves the right to reject, edit or remove any content at our sole and exclusive discretion.
- The User who submit his/her information/data/content grant Genesis: irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, copy, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media format.
- The User represents that he/she is the sole author, owner or control all rights to the content/information/data submitted to Genesis. The User confirms that the content/information/data submitted as aforesaid is/are accurate and that all ‘moral rights’ in such content have been voluntarily waived.
- Furthermore, The User agrees not to submit any content/information/data that is known to be false, inaccurate or misleading; breach any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that may be considered defamatory, libelous or hateful; any content for which compensation was granted by any third party.
- The User agrees to indemnify and hold Genesis harmless from all claims, demands and damages brought by a third party against Genesis that arise as a result of the aforementioned content/information/data and materials supplied by The User.
NOTE: The terms & conditions mentioned herein are subject to change without prior notice at the sole and absolute discretion of Genesis management only.