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Terms and Conditions

The below Terms of Use should be read before executing the NIFTY™ Patient Consent Form and Test Request Form. Note, the NIFTY™ test is not available in the United States.

Terms of Use

These Terms of Use describe rules for visitors to www.niftytest.com (“Site”), owned and operated by BGI (“BGI,” “we,” or “us” ).

The information contained herein also applies to the Patient Consent Form and Test Request Form for Non-invasive prenatal Genetic Testing for Fetal Chromosomal Aneuplodies (“NIFTY™”) available at http://www.niftytest.com/education-hub/download-center/ (“Patient Consent Form”).

These Terms of Use should be read carefully prior to using the Site, or executing the Patient Consent Form.

Information Contained on the Site

 

General informational and educational nature of information on the Site

The information, and materials on the Site relate to products, and services offered by BGI (“Services”). It is intended for informational and educational purposes only. It does not constitute medical advice, nor is it a substitute for medical advice from a qualified healthcare provider. BGI does not practice medicine or provide medical services or advice. Prior to undergoing any testing or treatment, you should consult with a qualified health care professional regarding any risks, diagnoses, treatment, and/or any other potentially relevant healthcare issues.

Furthermore, healthcare information is constantly developing, and recommended standards and practices may change quickly. Therefore, it is always best to consult with and confirm any and all information obtained from the Site with your healthcare professional.

Please note that BGI does not administer NIFTY™ tests directly. Rather, NIFTY™ tests are administered by BGI’s local partners throughout Europe. You should consult with your qualified healthcare professional, and BGI’s local partner regarding whether the NIFTY™ test is right for you, and whether there is additional information available regarding the NIFTY™ test.

Furthermore, the Site may contain information about products or Services that are not available or authorized in your country.


Basic information regarding the NIFTY
test

NIFTY™ stands for Non-Invasive Fetal TrisomY test. It is a genetic screening test that pregnant women can take beginning at week 10 of their pregnancy.

The NIFTY™ test is a means of evaluating the risk of a baby having trisomy 21, trisomy 18 or trisomy 13. The term “trisomy” is used to describe the presence of an extra chromosome—three instead of the usual pair.

Specifically, trisomy 21 (Down syndrome) occurs when a baby is born with three copies of chromosome 21, trisomy 18 (Edwards syndrome) when a baby is born with three copies of chromosome 18, and trisomy 13 (Patau syndrome) when a baby is born with three copies of chromosome 13.

NIFTY™ also offers additional testing for other genetic disorders, including certain sex chromosomal aneuploidies and deletion syndromes, as well as gender information. These tests are offered as optional extras at no additional cost.

 

NIFTY test limitations

NIFTY™ is NOT a diagnostic test. In order to definitively confirm whether a tested for condition is present, a diagnostic procedure such as amniocentesis is required. It is recommended that HIGH RISK results be confirmed by a diagnostic procedure.

The accuracy of NIFTY™ can also be affected by several conditions, including blood transfusion, transplant surgery, immunotherapy or stem cell therapy prior to sampling.

Mosaicism (mixtures of chromosomally normal and abnormal cells in the pregnancy) can also affect the accuracy of the NIFTY™ results.

In the case of twin pregnancy testing, ‘vanishing twin syndrome’ can also affect the accuracy of the NIFTY™ results.

You should consult with a qualified healthcare provider whether any of these conditions apply to you.
Results should, therefore, always be interpreted in the context of other clinical and family information in consultation with a healthcare provider.

The result of the NIFTY™ does not eliminate the possibility of other abnormalities in the tested chromosomes, nor does it test for other genetic disorders or birth defects.

Consult with a qualified healthcare professional prior to obtaining a NIFTY™ test. A healthcare provider can supply more information about the chromosomal conditions being tested for, and whether a patient should consider testing.

Although the NIFTY™ test is highly accurate, the NIFTY™ test may result in a false positive or false negative result, and under certain circumstances should not be relied upon in place of a diagnostic test. Consult with a qualified healthcare professional regarding your NIFTY™ test results, and as to whether any diagnostic testing is recommended to confirm your NIFTY™ test results.  

You should never make decisions regarding your pregnancy without prior consultation with a qualified healthcare professional who is aware of the healthcare regulations relevant to your country of residence.

 

Consultation with a qualified healthcare professional

As stated above, you should consult with a qualified healthcare professional prior to receiving any NIFTY™ test and thereafter to understand the result, their implications and any follow-up diagnostic testing that may be recommended.

In the event that you have not engaged a qualified healthcare professional, you can contact BGI at info@niftytest.com to find a NIFTY™ test partner and healthcare professional in your country.

 

The Terms of Use Generally

By using the Site or executing the Patient Consent Form, you accept and agree to the most recent version of the Terms of Use and the Privacy Policy available on the NIFTY™ Site (“Privacy Policy”).

These Terms of Use were last updated on 03/11/2014. We may revise and update these Terms of Use from time to time, at our discretion, by posting the amended Terms of Use on the Site. Please review the Terms of Use each time you visit the Site, and immediately prior to executing a Patient Consent Form.

You are solely responsible for ensuring your review of the most up to date version of the Terms of Use. By using the Site, or executing a Patient Consent Form, you accept and agree to the conditions contained in the most recent version of the Terms of Use, and the Privacy Policy.

 

Your Use of the Site 

The materials on the Site belong to or, are licensed to BGI. The materials are protected by copyright. You may e-mail, download, or print copies of the materials on the Site, for your personal, non-commercial use only. However, when you e-mail, download, or print a copy of the materials on the Site for your personal use, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We own the names we use for our products and Services on the Site, and these names are protected by trademark laws. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of the Site, which will be posted near the relevant materials.

Use of the materials or trademarks on the Site in a way that is not permitted by these Terms of Use, constitutes a violation of your agreement with us and may also be a violation of copyright, trademark, and other laws. In such cases, we automatically revoke your permission to use the Site. Title to the materials remains with us or with the authors of the materials contained on the Site. We reserve all rights not expressly granted to you.

 

License to use the Site

BGI hereby grants you a non-exclusive, limited, and revocable license to link to the Site. BGI reserves the right to revoke this license generally, or otherwise restrict your right to use specific links at any time. If BGI revokes this license, you agree to immediately remove and disable any and all of your links to the Site.

You agree not to present the link to the Site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server. You agree not to display or use the BGI logo or trademarks in any manner without our prior written consent.

 

Third Party Websites

The Site may contain links to third party web sites not operated by BGI. We provide these links for your convenience, but we do not review, control, or monitor the materials or any other web sites.

These third party web sites may contain information about uses of BGI products that have not been approved in your country. We do not control or endorse this type of information. We are not responsible for the performance of these third party web sites or for your business dealings with them. Your use of third party web sites is subject to the terms of use of those webs sites, including the privacy policies of those web sites.

 

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BGI PROVIDES THE SITE, INCLUDING ALL INFORMATION CONTAINED THEREIN, AND ANY SERVICES “AS IS,” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. BGI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BGI IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION CONTAINED ON THE SITE, OR IN CONNECTION WITH ANY SERVICES PROVIDED.   YOU ARE SOLELY RESPONSIBLE TO ENSURING THAT YOU OBTAIN COMPETENT MEDICAL ADVICE PRIOR TO OBTAINING ANY SERVICE, AND MAY NOT RELY ON ANY STATEMENT ON THE SITE, OR OTHERWISE MADE BY BGI IN CONNECTION WITH ANY SERVICE.

BGI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM OUR SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

The foregoing representations and warranties are in lieu of all other representations and warranties not expressly set forth herein.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER BGI NOR ANY PERSON OR COMPANY ASSOCIATED WITH BGI SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, THE MATERIALS ON THE SITE, OR ANY INFORMATION CONTAINED ON THE SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS BGI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WHETHER OR NOT MENTIONED ON OUR SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

 

Additional Terms

Terms additional to these Terms of Use and the Privacy Policy on the Site may apply when you access particular services or materials on certain areas on the Site, such as when you register to receive materials. Please read our Privacy Policy to learn how we protect and use information that we gather through the Site.

If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to indemnify, defend, and hold BGI harmless against any liability for that harm.

You and BGI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use shall be governed in all respects by the laws of Denmark. We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control.

These Terms of Use and all incorporated agreements may be automatically assigned by BGI, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.