Terms of Use – Nucleus online system
Last updated: September 1, 2019
These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with Nucleus online system (the “Service”) operated by Blueprint Genetics Oy and its affiliates (“us”, “we”, or “our”).
Please read these Terms of Use carefully before using our Nucleus online system (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
We offer Nucleus user accounts exclusively for hospitals, qualified medical professionals, medical researchers and organizations holding applicable licenses, regulatory approvals and other legal prerequisites for using the Service (collectively “Professionals”). When you request an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. We may request further information to verify your eligibility for the Service.
You are responsible for safeguarding the password that you use to access Nucleus, the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
Your obligations as user
- You agree that you will not:
- make available any part of the Service to any third party, other than your own properly authorized employees, as applicable, except as required in accordance with applicable laws;
- permit any third party to have access to The Service without the prior written agreement with us, except as required in accordance with applicable laws; or
- undertake or permit any unlawful use of the Service, or take any action that would render the operation or use of the Service unlawful.
- You agree that you will:
- comply with all applicable laws, including laws relating to maintenance of privacy, security, and confidentiality of patient and other health information;
- ensure that any use of the Service (including making health information available through the Service) complies with applicable law, including all laws relating to maintenance of privacy, security, and confidentiality of patient and other health information;
- implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Service from unauthorized access, use or alteration;
- be responsible for the use of the Service by yourself and those for whom you are responsible, in law;
- immediately notify us of any breach or suspected breach of the security of the Service of which you become aware, to take such action to mitigate the breach or suspected breach as we may direct, and to cooperate with us in investigating and mitigating the breach;
- You acknowledge and agree that you acquire no right to the Service except as expressly granted by this Agreement.
- You acknowledges and agree that, without prejudice to any other right arising under this contract, at law or in equity, we may suspend or terminate access to the Service in the event of any breach of this Agreement, or in the event we determine in our sole discretion that access to or use of the Service by the you or any person for whom you are responsible in law might adversely affect (a) the Service; (b) the confidentiality, privacy, security, integrity or availability of information within the Service; or (c) the rights of any third party.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Blueprint Genetics Oy.
Blueprint Genetics Oy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Blueprint Genetics Oy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The Connecting Clinicians Service (“CC)”
The aim of CC is to make rare scientific genomic information accessible to healthcare professionals and researchers around the world. CC provides you with the opportunity to share knowledge and phenotypes for rare disease patients with a Variant of Uncertain Significance (VUS) and Likely Pathogenic variants.
As a user of Nucleus, the Service is enabled for you by default and the Service may suggest you to share your contact information with other users sharing identical or similar genetic variants (see more in section Connections). None of your personal information will ever be shared with any other users without your prior explicit consent. You may opt out of the Service entirely at any time by notifying us in writing
You agree to only use the Service for clinical and/or scientific research purposes permitted by applicable laws in your jurisdiction. All other uses of the Service are forbidden.
Content
CC allows you to submit genetic variant data with associated phenotype information and open comments (“Content”). You are responsible for the Content that you submit to the Service, including its legality, reliability, and appropriateness. You agree not to submit any confidential information or identifiable health information to CC.
By submitting Content to CC, you grant us the right to use, modify, perform, display, reproduce, and distribute such Content on and through CC and elsewhere.
You represent and warrant that you have the right to use it and grant us the rights as provided in these Terms and that the submitting of your Content on CC does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Connections
The Service may suggest you to exchange contact information with other users who share identical or similar genetic variants in the Nucleus system (“Connection”). Such Connection may be suggested on the basis of genetic variants reported by us and/or user-submitted Content. What constitutes an identical or similar variant will be determined at our sole discretion.
If you choose to accept a suggested Connection, we may share your name, title, healthcare facility/institution, email address and phone number (if provided) with the respective connected user. You may be given the same information about the connected user. A Connection only takes place if consented by both users. You may or may not engage in communication with users connected with you.
We will only help in establishing the initial communication link between users who have similar professional interests. Any information exchange will take place at the discretion of, and directly between, the users. We will not participate in or monitor the information exchange.
Users are solely responsible for any information which they may choose to exchange, as well as any actions taken on the basis of such information. We do not give any warranties or accept any responsibility for any information exchanged.
We may delete any Connections if so requested by you or a connected user.
Use of your information
We may collect and utilize user-submitted Content and data from established connections for the development of our services and for marketing purposes. Your personal information will not be shared with third parties without your prior written consent.
In addition, based on your Content and ordering history, we may contact you regarding clinical trials, available therapies or any other pharmaceuticals development related matter. If you do not wish to be contacted regarding the aforementioned matters, you can opt out of such contact at any time by notifying us in writing.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
In no event shall Blueprint Genetics Oy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Blueprint Genetics Oy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide a notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.