Legal Terms

Koko Genetics™

Terms of access and use of the website

1. General aspects.

1.1 Identifying information of the "Information Society Service Provider" (GENELINK S.L.).

In accordance with Article 10 of Law 34/2002, on Information Society Services and Electronic Commerce, you are hereby informed that GENELINK, S.L. - trading under the name Koko Genetics - (hereinafter referred to as "KOKO GENETICS"), a company registered in the Commercial Register of Valencia, Volume 9817, Book 7099, Folio 82, Sheet V-160314, Entries 1 and 2, with CIF number B98649494, is the owner of the activity carried out, among others, through the website http://genportal.kokogenetics.com. The registered office of KOKO GENETICS is located at Calle Arquitecto Mora, 5 - 4, Valencia, 46010, Spain. If you wish to contact us, you can do so at the mentioned address or via email: [email protected]. Additionally, KOKO GENETICS states that it has obtained the corresponding prior administrative authorization for the exercise of its activity granted by the Conselleria de Sanitat of the Generalitat Valenciana (file number AU/3340/2014). Specifically, KOKO GENETICS is registered in the Autonomous Register of Health Centers, Services, and Establishments of the Generalitat Valenciana under number 11540.

1.2 Acceptance and validity of the General Terms.

By browsing, using, and/or acquiring any of the services offered on this website, you, as a user, acknowledge that you become a User and fully and unreservedly accept all the General Terms and Conditions (hereinafter referred to as the "General Terms") in force at the time you, as a User, access the website http://genportal.kokogenetics.com (hereinafter referred to as "the website" or simply "the Web"). KOKO GENETICS may, at any time and without prior notice, modify these General Terms by publishing such modifications on the website so that Users may be aware of them at all times. KOKO GENETICS reserves the right to unilaterally modify, at any time and without prior notice, the presentation, configuration, and content of the website, as well as the conditions required for its use. Therefore, KOKO GENETICS recommends that the User print, save, and, in any case, read the General Terms each time they access the website. Additionally, KOKO GENETICS 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. General Terms of Use of the website.

2.1 Use of the Website.

The User undertakes to use the website in accordance with the law, these General Terms, generally accepted morals and good customs, and public order, and shall be liable to KOKO GENETICS or third parties for any damages and losses that may arise as a result of non-compliance with this obligation. The User shall refrain from using the website for unlawful purposes or effects, contrary to the provisions of these General Terms, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, or impair the website or the server on which it is hosted, or prevent its normal use or enjoyment. In cases where it is necessary to use a username (hereinafter referred to as "login") and password (hereinafter referred to as "password") to access certain services included on the website, the User undertakes to use them diligently and not to disclose their login and password to third parties, and shall promptly notify KOKO GENETICS of any loss, theft, or any other circumstances that may compromise the secrecy of such login and password.

2.2 User Obligations.

In general, the User agrees to comply with these General Terms and any special warnings or instructions for use contained therein or on the website. The User shall always act in accordance with the law, good morals, and the requirements of good faith, exercising due diligence in relation to the nature of the services being used. The User shall refrain from using the website in any way that may hinder, damage, or impair its normal operation, the assets or rights of KOKO GENETICS, its suppliers, other Users, or any third party. Specifically, and without limiting the User's general obligations as set out above, the User undertakes, when using the website and when accessing the services, to: (I) provide accurate information when registering and to keep it updated; (II) not introduce, store, or disseminate through 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 (e.g., health-related issues), or that in any way violates morality, public order, fundamental rights, public liberties, honor, privacy, or the image of third parties, or current regulations in general; (III) not introduce, store, or disseminate through the website any computer program, data, virus, code, hardware or telecommunications equipment, or any other electronic or physical instrument or device that is capable of causing damage to the website, any of the services offered on the website, or to any equipment, systems, or networks of KOKO GENETICS, any User, KOKO GENETICS' suppliers, or any third party, or that may in any other way alter them or prevent their normal operation; (IV) adequately safeguard the login and password provided by KOKO GENETICS to the User as identifiers and enabling access to the services offered on the website, committing not to transfer their use or allow third-party access to them, indemnifying KOKO GENETICS and assuming responsibility for any damages and losses that may result from their improper use. The User also agrees to promptly notify KOKO GENETICS of any loss or theft of the login and/or password, as well as any risk of third-party access; (V) not carry out advertising, promotional, or commercial exploitation activities on the website that are not expressly authorized by KOKO GENETICS, nor use the content and, in particular, the information obtained through the website to send advertising, messages for direct sales purposes, or any other commercial purpose, nor to collect or store personal data of third parties; (VI) not use false identities or impersonate others in the use of the website or any of its services, including, where applicable, using third-party passwords or access codes in any form; (VII) not destroy, alter, use for their own purposes, disable, or damage the data, information, programs, or electronic documents of KOKO GENETICS, its suppliers, or third parties; (VIII) not introduce, store, or disseminate through the website any content that infringes the intellectual property, industrial property, or trade secrets of third parties, or any content for which the User does not have, in accordance with the law, the right to make it available to third parties.

2.3 Disclaimer of Liability.

KOKO GENETICS shall only be liable for damages that the User may suffer as a direct result of using the website when such damages are directly attributable to KOKO GENETICS. Regarding the information and content included on the website or accessed through the links provided, KOKO GENETICS does not guarantee the access to such information and content at any given time, nor their accuracy, timeliness, suitability, or usefulness for the User's purposes. KOKO GENETICS shall not be held responsible for any damages of any nature that may arise from the transmission, dissemination, storage, availability, receipt, obtaining, or access to the content included on the website or through the links provided. KOKO GENETICS is exempt (and the User agrees) from any liability for the improper or unauthorized use of the login and password and for the User's lack of diligence in maintaining their confidentiality. Likewise, KOKO GENETICS is exempt (and the User agrees) from any liability for damages of any nature that may arise, including but not limited to: (I) the presence of viruses or other harmful elements on the website or on websites accessed through the provided links, which may cause alterations to the Users' computer systems, electronic documents, or files; (II) interferences, omissions, interruptions, malfunctions, and/or disconnections in the operational functioning of this electronic system or Users' computer devices and equipment, caused by factors beyond the control of KOKO GENETICS, which may prevent or delay the provision of services or navigation through the system and the website; (III) delays or blockages in use caused by deficiencies or overloads in the Internet or other electronic systems; (IV) unauthorized third-party intrusions into the website that are beyond the control of KOKO GENETICS; (V) discrepancies in information, documentation, and/or other content of the website that may exist between the electronic version and the printed version; (VI) the inability to provide the service or allow access due to causes beyond the control of KOKO GENETICS, whether caused by the User, third parties, or force majeure events. KOKO GENETICS' liability for damages of any nature shall not exceed, by express agreement between the parties, the amount specified in each case in the specific conditions of the acquired service. In the absence of such specification, KOKO GENETICS' total liability, except in cases of willful misconduct or gross negligence, shall be limited to the price paid by the corresponding User to KOKO GENETICS (excluding any applicable taxes).

2.4 Use of Hyperlinks.

Internet users who wish to include links from their own websites to the Website must comply with the following conditions, and their failure to do so will not exempt them from the responsibilities established by law. The link shall only connect to the home page or main page of the Website and shall not reproduce it in any way (inline links, copying of texts, graphics, etc.). It is strictly prohibited, in accordance with the applicable and current legislation at any given time, to establish frames or frames of any kind that surround the Website or allow the display of its content through internet addresses different from those of the Website, and in any case, when they are displayed together with content that is not related to the Website, in a manner that: (I) may cause error, confusion, or deception among users about the true origin of the service or content; (II) constitutes an act of unfair comparison or imitation; (III) exploits the reputation and prestige of KOKO GENETICS; or (IV) is otherwise prohibited by current legislation. The website that includes the link shall not make any false, inaccurate, or incorrect statements about KOKO GENETICS, its address, employees, customers, or the quality of its services. Under no circumstances shall the page containing the link express that KOKO GENETICS has given its consent for the inclusion of the link or that it in any way sponsors, collaborates, verifies, or supervises the services of the sender. The use of any denominative, graphic, or mixed trademark or any other distinctive sign of KOKO GENETICS is prohibited within the sender's page, except in cases permitted by law or expressly authorized in writing by KOKO GENETICS, and provided that, in such cases, a direct link to the Website is allowed in the manner established in this clause. The page that establishes the link must comply fully with the law and may not, under any circumstances, contain or link to its own or third-party content that: (I) is illegal, harmful, or contrary to morality and good customs (such as pornography, violence, racism, etc.); (II) leads or may lead the user to falsely believe that KOKO GENETICS endorses, supports, adheres to, or in any way supports the lawful or unlawful ideas, statements, or expressions of the sender; (III) is inappropriate or irrelevant to the activities of KOKO GENETICS considering the location, content, and subject matter of the sender's website. Likewise, the User shall refrain from including any hyperlink (hereinafter, "link") on the Website that directs to a website containing illegal information or content that is contrary to generally accepted moral and ethical standards, and public order.

2.5 Personal Data Protection Policy.

KOKO GENETICS recognizes the importance of protecting the privacy of the User of the Website and has developed a Personal Data Protection Policy that is made known to the User, so that the User can freely and voluntarily decide whether to provide KOKO GENETICS with the personal data that may be required or obtained as a result of their use of this Website and/or the request for any of the services offered on it. KOKO GENETICS reserves the right to unilaterally modify its Personal Data Protection Policy at any time and without prior notice to comply with the applicable legislation at any given time. To request information or, where appropriate, proceed with the hiring or acquisition of the services offered, Users must first provide KOKO GENETICS with certain personal data, which will be processed for the purpose of addressing the inquiries made, where applicable, formalizing distance contracts, managing, administering, providing, expanding, improving, and adapting the services offered on the Website, as well as carrying out promotional and advertising activities through any means that may be of interest to the User. In accordance with Organic Law 3/2018 of December 5 on Data Protection and Digital Rights Guarantee, Users have the right of access, rectification, cancellation, and opposition in accordance with the applicable regulations regarding their personal data collected as described in the previous paragraphs, and they may exercise these rights by sending a photocopy of their ID card, passport, or equivalent identification document to the contact address provided. Interested parties are informed that they may exercise their rights of access, rectification, and cancellation at the following address: Arquitecto Mora, 5 - 4 Valencia, 46010, Spain, or by email at [[email protected]]. The User expressly agrees to the inclusion of the data collected during the navigation of the Website or provided through the completion of any form, as well as the data derived from the commercial relationship and/or delivery of purchased services, in the aforementioned file. Furthermore, in the event of contracting/using the services offered through the Website that require the processing of particularly sensitive data (health data), the User expressly consents to the processing of such data by the personnel of KOKO GENETICS, which will be carried out in accordance with the duty of secrecy and confidentiality provided for in Article 10 of the Data Protection Law (LOPD), and adopting the security measures set forth in Royal Decree 1720/2007 of December 21, which approves the Regulation implementing the LOPD (hereinafter, the "LOPD Regulation"). During the data collection process, and at each location on the Website where such data is requested, the User will be informed, either through a hyperlink or in the form itself, of the mandatory or optional nature of the data collection. KOKO GENETICS undertakes to use the data included in the file in accordance with its confidentiality obligations and for the purpose of the file, as well as to comply with its obligation to keep and adapt all necessary measures to prevent the alteration, loss, processing, or unauthorized access to the data, in accordance with the LOPD Regulation and other applicable regulations. Finally, in the case of minors, their personal data and genetic information will also be used confidentially, with the best interests of the minor always taking precedence over any other interests, in accordance with Organic Law 1/1996 of January 15 on the Protection of Minors.

2.6 Use of cookies.

The Website uses "cookies" that allow KOKO GENETICS to obtain certain data from Users. What are cookies? Cookies are text and number files that contain small amounts of information that can be sent to the User's device (computer, smartphone, tablet, etc.) when the User visits our Website. Although cookies are sent to a device, they are not capable of accessing personal information or transmitting viruses. They simply track navigation on the Website. If you revisit our Website, these cookies are sent again to our Website or another site that recognizes the cookie, which allows us to recognize your device. How do we use cookies? Cookies are useful because they make it easier to navigate between different pages, remember your preferences, and are used to improve your online experience. We currently use session cookies, as well as technical, customization, analysis, and advertising cookies. The latter allow for the management of advertising spaces that appear on the Website based on criteria such as the content or frequency of displaying the ads. Finally, we use Google Analytics. This cookie is used to gather information about how our Website is used. We use the information to compile reports and as a tool to help improve the Website. We do not share this information with third parties. The cookie gathers information anonymously, which means it cannot be linked back to the user. It collects data such as the number of visitors who have used our Website, where visitors come from, and which pages they have visited. If you would like more information about Google Analytics, you can consult their online privacy policy. Here you can find information about privacy in Google Analytics: https://support.google.com/analytics/answer/2838718?hl=en&ref_topic=2790009 Social media cookies? Furthermore, the social media platforms with which KOKO GENETICS interacts on the Website use cookies on their share buttons. KOKO GENETICS does not have any involvement, control, or access to the results of these cookies, as they are the responsibility of each social media platform. When a User registers with social media credentials, they authorize the corresponding social media platform to store a persistent cookie that remembers their identity and guarantees access until it expires. The User can delete this cookie and revoke access by updating their preferences on the corresponding social media platform. KOKO GENETICS recommends that the User review the terms of use, privacy policies, and cookie policies of the social media platforms they use. How can I disable cookies? You can choose to receive a notification each time a cookie is sent to your computer or you can choose to disable all cookies. To do this, you should go to the settings menu of your browser (Internet Explorer, Firefox, Chrome, etc.). Each browser is different, so we recommend consulting the Help menu of your browser to learn how to properly configure your cookies. However, please note that if you disable cookies, you may not have access to certain functions that make our Website more efficient. If you do not want your visit data to be communicated by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on. Here you can find more information on how to install and uninstall the add-on: https://tools.google.com/dlpage/gaoptout. The above-mentioned sites are not KOKO GENETICS websites, and we are not responsible for their content.

2.7 Intellectual and Industrial Property.

The content of the Website (hereinafter referred to as the "content"), including but not limited to texts, photographs, graphics, images, icons, software, links, and other audiovisual content, as well as its graphic design and source code, is the intellectual property of KOKO GENETICS or third parties who have granted KOKO GENETICS the right to use it. This content is protected by national laws and international treaties on intellectual property rights that are applicable. Likewise, all trademarks, trade names, or distinctive signs of any kind appearing on the Website are the property of KOKO GENETICS or third parties who have authorized KOKO GENETICS to include and use them on the Website. All industrial and intellectual property rights to this Website are legally reserved, and access to or use of the Website by the User should not be considered, in any way, as the granting of any license or right to use any asset owned by KOKO GENETICS or third parties. The total or partial reproduction by any means of the content, trademarks, trade names, and distinctive signs of any kind included on the Website, as well as the sale, assignment, lease, distribution, public communication, transformation, or any other use intended for them, without the prior express authorization of the corresponding owner, is strictly prohibited and will be pursued civilly and, if necessary, criminally, in accordance with applicable national laws and international treaties.

3. Conditions for the sale of services offered on the website.

3.1. Information prior to contracting.

These general contracting conditions, together with the "Informed Consent" document and any specific conditions that may be established, expressly regulate the relationships between KOKO GENETICS and Users who contract the services offered through the website. Please note that, in any case, the language in which the contract between KOKO GENETICS and the Customer will be perfected is Spanish. These General Conditions have been prepared in accordance with the provisions of Spanish law: Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Law 7/1996 on Retail Trade, regulations regarding the defense of Consumers and Users, and any other applicable legal provisions. The use and/or acquisition of any of the services offered through the website implies the User's acceptance, without any reservations, of each and every one of these General Conditions, as well as the specific conditions that may govern the acquisition. Therefore, as a continuation of what is indicated, the User expressly accepts that KOKO GENETICS does not guarantee that its services (including their results) are free from errors, 100% accurate, reliable, and secure, have continuous availability, or meet certain expectations of the Users. KOKO GENETICS informs that the procedures for the acquisition of services are those described in these General Conditions, as well as any specific procedures indicated on the screen during navigation, so the User declares to know and accept those procedures as necessary to access the services offered on the website. Any modification and/or correction of the data provided by Users during navigation will be possible and must be carried out according to the instructions included on the website. The services offered on the website, together with their characteristics and prices, will be listed in the corresponding catalog on the screen. KOKO GENETICS reserves the right to decide at any time the services and, where appropriate, products that are included and offered to Users through the website. Therefore, KOKO GENETICS may, at any time, add new services and/or products to those included on the website, and it will be understood, unless otherwise specified, that they will be governed by the provisions of the current General Conditions. Likewise, KOKO GENETICS reserves the right to cease 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 WEBSITE MUST BE 18 YEARS OF AGE OR OLDER, and they must follow the instructions included on the different screens of the website to complete the desired purchase. Likewise, the User may access the website but may not make any purchase if they reside in a country or territory whose applicable legislation prohibits them from contracting the services of KOKO GENETICS. In such cases, the availability of the website cannot be considered as an offer by KOKO GENETICS of its services to people accessing the website from those countries or territories. In cases where KOKO GENETICS' services are to be used for minors, it will be necessary for one of their parents or, where appropriate, the parent exercising parental authority over them to contract the services. In the absence of parents, only the legal guardian will be able to contract with KOKO GENETICS. For KOKO GENETICS' services to be provided to minors, those who exercise parental authority must prove this by sending a scanned copy of their ID card, passport, or equivalent identification document, along with the Family Book, to KOKO GENETICS. In the absence of an ID card, a scanned copy of the passport or equivalent identification document (both of the parent/holder of parental authority and the minor if they already have one) will be provided. If the person requesting KOKO GENETICS' services for a minor is their guardian, they must prove this status by sending a scanned copy of the court order or judicial resolution appointing them as guardian, along with their ID card and the minor's ID card if they already have one. In the absence of an ID card, a scanned copy of the passport or equivalent identification document (both of the guardian and the minor if they already have one) will be provided. KOKO GENETICS will not be responsible in any case for the veracity of the statements made by those who declare themselves to be the parents or guardians of the minor for whom any of the services described on the website are contracted. KOKO GENETICS will also not be responsible for verifying the authenticity of the documentation provided by those who contract on behalf of the minor. KOKO GENETICS will only communicate with Users who are of legal age.

3.2. Procedure for acquiring services.

To acquire KOKO GENETICS services, the User is required to fill out the registration form with the required information, follow the instructions on the screen to select the desired service, and once the present General Conditions and the purchase summary that includes the details of the service(s) to be acquired have been accepted, provide the payment information – depending on the available payment method in each case. The information provided by the User to KOKO GENETICS during the contracting process must be complete, true, and up to date.

The purchase of this item implies the obligation to return the sample from the same country of purchase. If this is not your case, please contact us via email at [email protected] as it may involve additional expenses.

3.3. Confirmation of the acquired service and instructions for its use.

Once KOKO GENETICS receives confirmation of payment from the User, within a maximum period of 24 hours, the User will receive a confirmation email. This email will inform them of the purchase made and provide instructions to follow in each case. If, exceptionally, the purchasing User does not receive the confirmation email within 24 hours, they should contact KOKO GENETICS to report the issue at the email address [email protected]. In any case, prior to completing the purchase and/or using other services such as the forum, the User must accept the specific conditions, which will be available at all times on the website through which they made the purchase. By acquiring any service from KOKO GENETICS, the User accepts and guarantees: (i) that the saliva sample provided comes from the User's own pet or the pet of the person for whom they have contracted the service, and that no regulations prohibit them from providing such a sample; (ii) that the User does not work for or is in any way related to insurance companies, healthcare providers, or any other third parties that may have commercial interests in knowing the results of the service contracted with KOKO GENETICS; and (iii) that they do not acquire the service from KOKO GENETICS with the intention of reselling, copying, reproducing, or commercially exploiting it in any way, nor with the intention of criticizing, harming, or engaging in any actions contrary to KOKO GENETICS and its activities.

3.4. Price and Payment Method.

The prices in effect at the time of purchase are those displayed on the screen (applicable taxes included), on the summary page prior to finalizing the purchase, unless there is a typographical error.

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