1.1 Identification data of the 'Information Society Service Provider' (Mefood Omics SL)
In accordance with article 10 of Law 34/2002, on Services of the Information Society and Electronic Commerce, it is brought to your attention that Mefood Omics, SL –whose trade name on this portal is Mefood Omics– (hereinafter , “Mefood Omics”), a company registered in the Mercantile Registry of Barcelona, with CIF B02784114, is the owner of the activity carried out, among others, through the website https://mefood.io, the digital platform app.mefood .io and the apps mefood and Oorenji. The registered and commercial address of Mefood Omics is located at Paseo Garcia Faria 75, 08019, Barcelona, Spain. If you wish to contact us, you can go to the commercial address, as well as through the e-mail: email@example.com.
1.2 Acceptance and validity of the General Conditions.
Both the navigation and the use and/or acquisition of any of the services offered on this website attributes to you the condition of User and implies your full and unreserved acceptance of each and every one of the General Conditions (hereinafter, the "General Conditions") in force at the time you, as a User (hereinafter, the "User"), access the page https://mefood.io (hereinafter, "the Web page" or simply "the Web ”). Mefood Omics may, at any time and without prior notice, modify these General Conditions by publishing said modifications on the Web page so that they can be known by Users at all times, reserving the right to unilaterally modify, in any time and without prior notice, the presentation, configuration and content of the website, as well as the conditions required for its use. Therefore, Mefood Omics recommends that the User print or save and, in any case, read the General Conditions each time they access the Web page. Likewise, it reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered on the website.
2.1 Use of the website.
The User undertakes to use the Web page in accordance with the Law, with these General Conditions, with morality and generally accepted good customs and with public order, responding to Mefood Omics, or to third parties for any damages that could be caused as a result of the breach of said obligation. The User will refrain from using the Web page for illicit purposes or effects, contrary to what is established in these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Web page or the server in which it is hosted, or prevent its normal use or enjoyment. In the cases in which it is necessary for the use of any of the services included in the Web page, the introduction of a username (hereinafter, "login") and password (hereinafter, "password"), the User undertakes to make diligent use and not to make your login and password available to third parties, and must notify Mefood Omics as soon as possible of its loss, theft or any other circumstances that could have compromised its secrecy.
2.2 Obligations of the User.
In general, the User is obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Web page and always act in accordance with the Law, good customs and the requirements in good faith, using the diligence appropriate to the nature of the service you enjoy, refraining from using the website in any way that may prevent, damage or impair its normal operation, the goods or rights of Mefood Omics, its suppliers , the rest of the Users or, in general, of any third party. Specifically, and without this implying any restriction to the obligation assumed by the User in general, in accordance with the previous paragraph, the User undertakes, in the use of the Web page, as well as in the provision of services to: (I) in the case of registering, the User undertakes to truthfully provide the data provided and to keep it updated; (II) not to introduce, store or disseminate on or from the website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or any other social or personal condition or circumstance (for example, for reasons related to health), or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations; (III) not to introduce, store or disseminate through the Web page any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Web page, in any of the services offered on the website, or in any of the equipment, systems or networks of Mefood Omics, of any User, of the providers of Mefood Omics or in general of any third party, or that in any other way is capable to cause any type of alteration or prevent their normal operation; (IV) to properly safeguard the login and password that is provided by Mefood Omics to Users, as identifying elements and enablers for access to the services offered on the Web page, committing not to assign its use or allow access to them from third parties, keeping Mefood Omics harmless and the User assuming responsibility for damages that may arise from their improper use. Likewise, the User undertakes to notify Mefood Omics, as quickly as possible, of its loss or theft, as well as any risk of access to the login and/or password by a third party; (V) not to carry out advertising, promotional or commercial exploitation activities through the website that are not expressly authorized by Mefood Omics, nor to use the contents and in particular the information obtained through the website to send advertising, send messages for for direct sale or for any other commercial purpose, nor to collect or store personal data of third parties; (VI) not to use false identities, nor supplant the identity of others in the use of the Web page or in the use of any of the services of the Web page, including the use, where appropriate, of passwords or access codes of third parties or in any other way; (VII) not to destroy, alter, use for their use, disable or damage the data, information, programs or electronic documents of Mefood Omics, its suppliers or third parties; (VIII) not to introduce, store or disseminate through the Web page any content that infringes intellectual property rights, industrial rights or business secrets of third parties, nor in general any content of which they do not hold, in accordance with the law, the right to make it available. provision of third party.
Mefood Omics will only be liable for the damages that the User may suffer as a result of the use of the Web page, when said damages are directly attributable to him. As for the information and content included on the website or to which access may be obtained as a result of the links established therein, Mefood Omics does not guarantee, in any way, or access at any given time to such information and content, neither its accuracy, nor its timeliness or updating, nor its suitability or usefulness for the purposes of the User, not being responsible for damages of any nature that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to the contents included in the Web page or those to which you have access as a result of the links established therein. Mefood Omics is exempt (and the User accepts it) from any responsibility for the improper or unauthorized use of the login and password and for the lack of diligence of the User in preserving their secrecy. Likewise, Mefood Omics is exempt (and the User accepts it) from any responsibility for damages of any nature that may be due, merely by way of example and not limitation, to (I) the presence of viruses or other harmful elements in the Web page, or Web pages that can be accessed through the links established in it that may cause alterations in the computer system, electronic documents or files of the Users; (II) interference, omissions, interruptions, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the Users, due to causes beyond Mefood Omics, that prevent or delay the provision of services o browsing the system and the website; (III) delays or blockages in the use caused by deficiencies or overloads of the Internet or other electronic systems; (IV) that may be caused by third parties through illegitimate interference beyond the control of the website and that are not attributable to Mefood Omics; (V) the divergences of the information, documentation and/or other content of the Web page that may exist between the electronic version and the printed version; (VI) the inability to provide the service or allow access for reasons not attributable to Mefood Omics, due to the User, third parties, or force majeure. The responsibility of Mefood Omics regarding damages of any nature that may be attributed to it will not exceed in any case, by express agreement between the parties, the amount that is determined in each case in the particular conditions of the service purchased. Failing that, the total liability of Mefood Omics, except in the case of intent or gross negligence, will be limited to the price paid by the corresponding User to Mefood Omics (not including any applicable taxes).
2.4 Use of hyperlinks.
The Internet user who wants to introduce links from their own Websites to the Website must comply with the conditions detailed below without ignoring them avoiding the responsibilities derived from the Law. The link will only link to the home page or main page of the Web page but you will not be able to reproduce it in any way (inline links, copy of the texts, graphics, etc.). In any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frameworks of any type that surround the Web page or allow the visualization of the contents through Internet addresses other than those of the page. Web and, in any case, when they are displayed together with content outside the Web Page in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Mefood Omics; or (IV) in any other way is prohibited by current legislation. No type of false, inaccurate or incorrect statement about Mefood Omics, its management, employees, customers or the quality of the services it provides will be made from the page that introduces the link. In no case will it be stated on the page where the link is located that Mefood Omics has given its consent for the insertion of the link or that in any other way it sponsors, collaborates, verifies or supervises the sender's services. The use of any denominative, graphic or mixed brand or any other distinctive sign of Mefood Omics within the sender's page is prohibited except in the cases permitted by law or expressly authorized in writing by Mefood Omics and whenever it is permitted, in these cases, a direct link to the website in the manner established in this clause. The page that establishes the link must faithfully comply with the Law and may not in any case have or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that Mefood Omics endorses, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Mefood Omics in attention to the place, content and theme of the sender's website. Similarly, the User shall refrain from including in the Web page any hyperlink (hereinafter, "link") directed to a Web page that contains illicit information or content, contrary to morality and generally accepted good customs, and public order.
2.5 Personal Data Protection Policy.
Mefood Omics recognizes the importance of protecting the sphere of intimacy of the User of the Web page, for which it has developed a Personal Data Protection Policy that it informs, so that the User freely and voluntarily decides if he wishes to provide Mefood Omics the personal data that may be required or obtained when using this website and/or requesting any of the services offered on it. Mefood Omics reserves the right to unilaterally modify, at any time and without prior notice, its Personal Data Protection Policy to adapt it to current legislation at all times. To request information or, where appropriate, proceed with the contracting or acquisition of the services offered, Users must previously provide Mefood Omics with certain personal data that will be processed for the purpose of attending to the queries made, where appropriate, formalizing the contracting to distance, manage, administer, provide, expand, improve and adapt the services offered on the website. As well as, the realization of promotional and advertising activities through any means, which may be of interest to you. In accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data (hereinafter, the "LOPD"), the User will have the right of access, rectification, cancellation, and opposition in accordance with the regulations in force with respect to your personal data collected as established in the previous paragraphs, being able to address for such purposes, by means of a photocopy of the DNI, Passport or equivalent identity document, to the contact address outlined. Interested parties are informed that they can exercise their rights of access, rectification and cancellation at the following address: Paseo Garcia Faria 75, 08019, Barcelona, Spain, or at the email address [firstname.lastname@example.org] The User expressly accepts the inclusion of the data collected while browsing the website, or provided by filling in any form, as well as those derived from the commercial relationship and/or delivery of the services purchased, in the file referred to above. On the other hand, in the case of contracting/using the services offered through the Web that require the processing of especially sensitive data (health), the User expressly consents to the processing of said data by the Mefood Omics staff, which is will be carried out in accordance with the duty of secrecy and confidentiality contained in article 10 LOPD, adopting the security measures contained in Royal Decree 1720/2007, of December 21, which approves the Development Regulation of the LOPD (in hereinafter, the "LOPD Regulation"). During the data collection process, and in each place on the Web page where said data is requested, the User will be informed, either by means of a hyperlink, or in the form itself, of the mandatory or non-compulsory nature of data collection. such data. Mefood Omics undertakes to use the data included in the file, to respect its confidentiality and to use it in accordance with the purpose of the file, as well as to comply with its obligation to save it and adapt all measures to avoid alteration, loss , treatment or unauthorized access, in accordance with the LOPD Regulation and other regulations that, at all times, are applicable. Finally, in the case of minors, their personal data and genetic information will also be used confidentially, in any case prioritizing the interest of the minor over any other in accordance with the provisions of Organic Law 1/1996, of January 15 , Legal Protection of Minors.
2.7 Intellectual and Industrial Property.
The content of the Web page (hereinafter, the "content") that includes, by way of example and not exclusive, texts, photographs, graphics, images, icons, software, links and other audiovisual content, as well as its graphic design and Source codes are the intellectual property of Mefood Omics, or of third parties that have granted their use to Mefood Omics. Said content is protected by national laws and international treaties related to applicable intellectual property rights. Likewise, all trademarks, trade names, or distinctive signs of any kind that appear on the website are the property of Mefood Omics or third parties who, where appropriate, have authorized Mefood Omics to include and use them on the website. All industrial and intellectual property rights on this website are legally reserved and access to it or its use, by the User, should not be considered, in any way, as the granting of any license of use or right over any asset whose ownership or ownership corresponds to Mefood Omics or third parties. The total or partial reproduction by any means of the content, trademarks, trade names, and distinctive signs of any kind, included in the website, as well as the sale, assignment, lease, distribution, public communication, transformation, or any other use that If you want to give them, without the prior express authorization of the corresponding owner, it is totally prohibited and will be prosecuted civilly and, where appropriate, criminally, in accordance with applicable national laws and international treaties.
3.1. Information prior to hiring.
These general contracting conditions, together with the "Informed Consent" document and the particular conditions that may be established, will expressly regulate the relationships that arise between Mefood Omics and the Users who contract the services offered through the Web page. We inform you that in any case, the language in which the contract between Mefood Omics and the Client will be executed will be Spanish. These General Conditions have been prepared in accordance with the provisions of the Spanish legal system: Law 34/2002 on Services of the Information Society and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Law 7/1996 of Retail Trade Regulation, regulations related to the defense of Consumers and Users, and any applicable legal provisions. The use and/or acquisition of any of the services offered through the website implies acceptance as a User, without reservations of any kind, to each and every one of these General Conditions, as well as to the particular conditions that, in your case, govern the acquisition. In this regard, the User accepts that the services of Mefood Omics are limited by, mainly, the following issues derived from genetic research: (i) most of the research and genetic studies are carried out in the Caucasian population (white race); therefore, it is possible that the interpretations provided by Mefood Omics are not valid if the User does not belong to the aforementioned race; (ii) as a continuation of what was stated in point (i) above, gene-disease relationships are normally based on ethnic identity, and research focuses on limited populations; thus, such investigations may provide knowledge of a specific population but not of an individual member and, likewise, the relationships have not been studied in many populations, so they may not be valid for other populations; and (iii) genetic research is advancing day by day and, consequently, current knowledge of the genetics of certain individual diseases or conditions may be partial and inaccurate. Thus, as a continuation of the above, the User expressly accepts that Mefood Omics does not guarantee that its services (including its results) are free of errors, are 100% accurate, reliable and secure, have temporal continuity or respond to certain expectations on the part of the users. Mefood Omics informs that the procedures to carry out the acquisition of services are those described in these General Conditions, as well as those other specific ones that are indicated on the screen during navigation, so that the User declares to know and accept said procedures as necessary. to access the services offered on the website. Any modification and/or correction of the data provided by the Users during navigation will be possible and must be carried out according to the indications included in the Web page. The services offered on the website, together with their characteristics and prices, will be listed in the corresponding catalog on the screen. Mefood Omics reserves the right to decide at any time the services and, where appropriate, products that are contained and offered to Users through the Web page. In this way, Mefood Omics may, at any time, add new services and/or products to those included on the website, understanding, unless otherwise provided, that they will be governed by the provisions of the General Conditions in force. at that moment. Likewise, Mefood Omics reserves the right to stop providing access, at any time and without prior notice, to any of the products or services offered on the website. VERY IMPORTANT: USERS OF THIS WEB PAGE MUST BE OVER 18 YEARS OLD, and must follow the instructions included in the different screens of the Web page to formalize the desired purchase. Likewise, the User may access the Web page but may not formalize any purchase if they reside in a country or territory whose applicable legislation prohibits them from contracting the services of Mefood Omics. In such cases, the availability of the Web page cannot be qualified as an offer by Mefood Omics of its services to people who access the Web from said countries or territories. In those cases in which the services of Mefood Omics are going to be used in minors, it will be necessary that it be any of their parents or, where appropriate, the one who exercises parental authority, who contracts the services. In the absence of parents, the guardian will be the only one who can contract with Mefood Omics. In order for Mefood Omics services to be provided to minors, those who hold parental authority must prove this point by sending Mefood Omics a scanned copy of their DNI and the minor's DNI if the latter already had it, and the Family. In the absence of a DNI, a scanned copy of the passport or equivalent identity document will be provided (both of the parent/holder of parental authority and of the minor if the minor already has a passport or equivalent identity document). In the event that the person requesting the services of Mefood Omics for a minor is their guardian, they must prove said condition by sending a scanned copy of the sentence or judicial resolution that contains their appointment, together with their DNI and the DNI of the minor if already I had it. In the absence of a DNI, a scanned copy of the passport or equivalent identity document will be provided (both of the guardian and of the minor if the minor already has a passport or equivalent identity document). Mefood Omics will not be responsible in any case for the veracity of the statements made by those who declare to be holders of parental authority or guardianship of the minor for whom any of the services described on the website are contracted. Mefood Omics will not be responsible for verifying the authenticity of the documentation provided by those who contract on behalf of the minor. Mefood Omics will only maintain communications with Users of legal age.
3.2. Service acquisition procedure.
For the acquisition of Mefood Omics services, the User is required exclusively to fill out the registration form with the required data, follow the instructions that appear on the screen to select the desired service, and once they have accepted these General Conditions and the summary of the purchase in which the detail of the service/s that you wish to acquire is related, provide the payment data -depending on the existing payment method in each case-. The information provided by the User to Mefood Omics during the contracting process must be complete, true and updated.
3.3. Confirmation of the purchased service and instructions for its use.
At the time that Mefood Omics has confirmation of the payment made by the User, within a maximum period of 24 hours, the latter will receive a confirmation e-mail, through which they will be informed of the purchase made, and They will indicate the steps to follow in each case. If, exceptionally, the purchasing User does not receive the confirmation email within a maximum period of 24 hours, they must contact Mefood Omics to report the incident at the email address email@example.com. In any case, prior to formalizing the purchase, the User must accept the particular conditions, which will be available at all times on the website through which the purchase was made. Likewise, through the acquisition of any Mefood Omics service, the User accepts and guarantees: (i) that the saliva sample provided comes from the User himself or from the person in favor of whom he has contracted the service and that it is not applicable no regulation that prohibits you from providing such a sample; (ii) that the User does not work or is in any way related to insurance or health companies or any other third parties that may have commercial interests in knowing the results of the service contracted with Mefood Omics; and (iii) that you do not acquire the Mefood Omics service for the purpose of reselling, copying, reproducing or commercially exploiting it in any way, nor for the purpose of criticizing, damaging or carrying out any action contrary to Mefood Omics and its activities. The User is responsible for the correct extraction of the sample following the instructions that come in the kit. In the event that it has not been possible to extract enough DNA due to the incorrect extraction of the sample, the User must pay the costs of the kit, its shipment and processing of a new sample valued at €50 for each participant.
3.4. Price and method of payment.
The prices in force at the time the purchase is made are those that appear on the screen (applicable taxes in each case included), on the summary page, after formalizing the purchase, except for typographical errors both on the platform website and the apps. Prices include VAT unless otherwise indicated. In general, any tax, fee and/or tribute that accrues as a result of the acquisition of services, as well as any other expenses that may arise from it, will be borne by the User. At the moment in which the User selects a service to buy it, the amount of said service will appear in the description on the screen, as well as, if applicable, the corresponding one, to the shipping costs. Purchases, depending on the services to be acquired, can be paid for by any of the means listed below: – Bank transfer – PayPal Credit card (Visa, Master Card or American Express): Payment of the price of the services purchased and of the shipping costs, which will appear on the screen, can be made by credit or debit card. As an electronic payment system, Mefood Omics has installed an electronic commerce payment gateway that it has contracted with PayPal, Inc. All data provided for this purpose is encrypted to guarantee maximum security. They are hosted on a secure server certified according to the SSL (Secure Sockets Layer) protocol. This protocol is universally supported by the main browsers and guarantees the User: (I) the identity of the recipient of their data (not impersonation of the seller), (II) the confidentiality of the information provided by them, and (III) the integrity ( non-manipulation) of the information provided by him. Likewise, Mefood Omics states that, in no case, does it store in any way the data provided by the Users through the payment gateway, and that they are only kept while the purchase is made, the payment is made and until the period of withdrawal. In order to provide credit card owners with greater security, a three-digit number has been included on their cards that serves as an identification code to verify the physical presence of the card during Internet transactions. This three-digit number is printed on the back of your card (in the signature area), immediately after the card number. In order to prevent fraudulent transactions with credit cards, said control digits will be requested to validate the operation.
3.5. Withdrawal of orders.
The return policy of Mefood Omics is as follows: The amount to be returned is subject to the following conditions: – The amount of your purchase will be returned with a penalty of €100. – If you have already proceeded to send the sample back to our laboratory, the amount disbursed cannot be returned. If, exceptionally, the Buyer has any problem related to the order, they should contact Mefood Omics to solve it as soon as possible, by sending an email to the following address firstname.lastname@example.org or accessing the return form on the Web.
3.6. Communications between the Parties – Customer Service.
For the purposes of these General Conditions, and for any communication that is necessary between Mefood Omics and the User, they must contact the Customer Service Department by email (sent a message to the following address: email@example.com) or by written communication addressed to the Customer Service Department: BTL Paseo Garcia Faria 75, 08019, Barcelona, Spain Communications from Mefood Omics to the User will be made in accordance with the data provided by the User when registering. The User expressly accepts for all communications related to the use of the Web page, and/or the acquisition of services, the use of unencrypted email as a valid procedure for sending said communications. The User exempts Mefood Omics from any responsibility for the interception or access to emails by unauthorized persons, as well as for any damage or harm that may occur to the User as a result of computer viruses, network failures or similar assumptions unless were for reasons directly attributable to Mefood Omics.
3.7. Use and storage.
The User accepts that Mefood Omics establishes practices and limits in relation to the use of its services including, among others, the maximum number of days that the content can be stored, the maximum disk space that can be used to store the data of your account , or the maximum number of times that the User can access in a given time. The User accepts that Mefood Omics may discretionally modify these general practices and limits at any time.
If any of the clauses included in these General Conditions is declared, totally or partially, null or ineffective for contravening the applicable legislation, it will be considered as not set, subsisting the General Conditions in everything else, except in the case of a clause whose validity depends on the validity of the General Conditions or its suppression determines a significant decrease in the balance of the reciprocal benefits of the parties. In such a case, the User and Mefood Omics will negotiate in good faith the substitution of the clause(s) declared null or ineffective and the measures that are most suitable for the intended purpose.
3.9. Dispute resolution. Applicable law and jurisdiction.
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain). All this without prejudice to the power of the Client to go to the Consumer Arbitration Board of his demarcation.