This agreement is a contract between you and Macrogen Europe B.V and applies to Macrogen’s services usage in whole. You shall read, agree with and accept all of the terms and conditions contained in this agreement.
1. 1. Purpose,
This agreement is to comply with the law of electric communication enterprise and an Enforcement Ordinance in the Netherlands on the utilization stipulation and procedure of all the related service provided by Macrogen Europe B.V
Service defines that it furnishes DNA sequencing and other additional information through macrogen-europe.com to be provided Macrogen Europe B.V hereunder.
1.3 Effectiveness and change of the agreement,
a) It shall come into effect on the date when Macrogen Europe B.V post it in public.
b) It may be amended by any such change of important business reasons and proceeded with work as changed after all the amendments are made.
2.1 Eligibility and Types of accounts,
a) To be eligible for our service, you shall obtain the consent of service usage from Macrogen Europe B.V and make an agreement.
b) In the event that you have the desire to create your own account and use our service, you shall provide us with your personal information in accordance with Macrogen Europe B.V’s requestc) In the event that Macrogen Europe B.V. authorizes the Service Usage to you, such notice shall be considered to be received by Macrogen Europe B.V with User ID and other related information.d) Macrogen Europe B.V does not authorize the application of our service usage in accordance with the following:
- apply to service with name of other persons.
- provide false, inaccurate or misleading information
- register on purpose of a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.2.2 Service usage and limitationa) Macrogen Europe B.V can temporarily suspend the Service usage due to system inspection, change, defect, communication interruption and Force Majeure.
b) In the event that the service usage is suspended as set forth below in clauses a), any claims of either user or third party shall be excluded.
3.1 Macrogen Europe B.V’s Liability
a) Macrogen Europe B.V shall take a step that you can use our service immediately from the date to be registered without any failure, except for our special cases.
b) You shall agree to receive an e-mail related to service, important notice and promotion email / letter sent by Macrogen Europe B.V
c) In the event that you escalate any claim, we will gather information from you and take a appropriate step. While it is take a few time to settle it, we will notify the reasons and schedule to you.
d) Macrogen Europe B.V shall not disclose your personal information to any third party that is not directly related to the agreement and will limit to use and improve high quality service, unless the disclosure is requires by the law, regulations or orders of the governmental authorities concerned national security and safety in very exceptional case.
e) Macrogen Europe B.V would not accept liability for any damage caused by natural disasters(earthquake, a war of the elements, flood, typhoon, etc).
3.2 User’s Liability
a) You shall be liable for all the management of your own ID and Password.
b) You shall agree to receive an e-mail related to service sent by Macrogen Europe B.V
c) You shall give the notice to Macrogen Europe B.V on this matters, if your ID is used on illegally purposes,
d) You shall abide by clauses specified on the agreement and related laws.
e) You agree to acknowledge that any data generated from Macrogen Europe B.V’s DNA sequencing and delivered to you resulted from labour, efforts, material and assets of Macrogen Europe B.V and its affiliated entities, and that you shall be liable for the payments of the processed order regardless of the success or fail of the sequence data.
4.1 Supply of Service result
a) The turnaround time define the one from the arrival of your samples to the sending of result.
b) If the result is delayed beyond the promised date, you shall be notified in writing of the fact of delayed service.
4.2 Services Usage,
a) Macrogen Europe B.V shall treat all the sample data and information provided by you confidentially and shall not disclose them to any third party without your consent, except if the disclosure is required by following purpose:
I) provide it by anonymity for a statistical report, academic research and market investigation
II) identity the said person to prevent use by stealth
III) required by the laws, regulations or orders of the Governmental authorities concerned
a) You shall provide your identified information as per Macrogen Europe B.V’s required form and make this agreement with Macrogen Europe B.V
b) Macrogen Europe B.V agree to register users as a member who comply with clause 5.1.a.
5.2 Termination and usage limitation
a) You may for its convenience, terminate contract at any time. Such termination becomes effective by your e-mail notice of termination to Macrogen Europe B.V after identifying your personal information (Name, TEL, Institute, FAX etc)
b) Upon receipt of the notice, you can not, except as otherwise directed by you in the notice, log in with your ID & PW and use it.
c) Macrogen Europe B.V may terminate the Contract without any notice, in whole or in part, if:
I) violate the public order and established social morals
II) relate to criminal act
III) intend to utilize service for damaging national interests and social public benefit.
IV) use ID and Password of other users.
V) bring disgrace and inflict a loss on other users.
VI) register another ID in duplicate under same user.
VII) damage sound usage of service.
5.3 Cancellation procedure of usage limitation
a) In the case of limiting service usage, Macrogen Europe B.V shall notify users or representatives in writing or phone of Macrogen Europe’s intension fixing given date and time to terminate the contract. Such termination becomes effective by KHNP's written notice of termination to Supplier.
b) Macrogen Europe B.V may, for its convenience, terminate all or any part of the service at any time by urgent problem. Such termination becomes effective by Macrogen Europe B.V’s written notice of termination to Supplier.
c) Under the article of 4.2.1, users or representative who is notified the termination of service usage, could make a objection.
d) In the event of resolving the suspension of service usage, Macrogen Europe B.V will take a appropriate action to cancel the suspension immediately.
5. 4 User’s notice management
Macrogen Europe B.V can delete the notice posted by users for the following without any pre-notice:
I) injure to a persons or group’s reputation by a slander
II) violate public order or established social morals.
III) commit a criminal act
IV) infringe copyright against other people
V) violate related law or Macrogen Europe B.V’s rule.
All disputes, controversies or differences which may arise out of or in connection with the Contract or for the breach thereof shall be finally settled by arbitration in the Netherlands in accordance with the Commercial Arbitration Rules of the Dutch Commercial Arbitration Board and the laws of the Netherlands.
The Contract shall be governed and interpreted by the laws of the Netherlands.
Unless otherwise provided herein, Supplier shall not be liable for any consequential, direct or indirect damages, related to free service , except for the damages caused by willful misconduct.
Macrogen Europe B.V’s lifetime storage service will be provided to all of our customers at free of charge up to fifteen (15) years from the date of data creation.
We are not liable for damage or losses to any of one’s standard sequencing result files which are stored in Macrogen Europe B.V’s server resulting from participation in or accessing or downloading file or data in connection with the Service.
We reserve the right, in our sole discretion, to cancel or suspend the Service should a virus, bugs, or other causes beyond our control corrupt the administration, security or proper operation of the Service.
a) Macrogen Europe B.V have no obligation to confirm and represent any opinion and information provided by Macrogen Europe B.V’ sequencing service, users and third party.
b) MacorgenEurope B.V shall not be liable for any loss caused by commodity transaction or leading and borrowing money through service between users and a third party and expected profit from service.
8.3 Liquidated damage,
You shall pay liquidated damages, not as a penalty, to Macrogen Europe B.V in an amount of 10% of total amount of the delayed payment behind due date.