By registering with BioMarkerLab, the Applicant understands and agrees as follows:
1.1. "Applicant" means healthcare professional applying to BioMarkerLab.
1.2. "Biomarker Test" means a biomarker test for breast cancer conducted under the BioMarkerLab.
1.3. "Laboratories" means the laboratories located either within or outside the Applicant's home country, as listed in the Site.
1.4. "Patient" means the Applicant's patient for whom the Biomarker Test is sought.
1.5. "Roche" means Roche Thailand Ltd.
1.6. Site means the website www.biomarkerlab.com.
2. The Applicant's Independent Diagnosis and Treatment
Any data, information, or content presented through BioMarkerLab is not intended to be the substitution of the Applicant's advice, and is not intended to be a method of diagnosis, treatment, or prevention of any specific medical conditions or diseases of the Patient. The use of or reference to the Biomarker Test results or any data, information, or content presented through BioMarkerLab shall be subject to the Applicant's independent determination and diagnosis.
In no circumstances shall Roche and its partners, representatives, employees, agents, or associated companies provide medical advice, diagnosis, treatment, or prevention to the Applicant or the Patient. The Applicant shall have full and independent capacity to provide his or her advice, diagnosis, treatment, or prevention of any such specific medical conditions or diseases of the Patient.
3. Data Privacy and Protection
3.1. The Applicant's Information
Upon the submission of any and all information to the Site, the Applicant agrees and consents that his or her information disclosed during the participation in BioMarkerLab (the "Applicant's Information") may be collected, disclosed, and transferred to the selected Laboratories located either within or outside of the Applicant's home country, for the purpose to proceed with the BioMarkerLab.
3.2. The Patient's Information
The Applicant agrees and warrants that the Patient for whom the Biomarker Test is sought, has expressly agreed and consented that, other than personally identifiable information, his or her information (the "Patient's Information") may be collected, disclosed, and transferred to the selected Laboratories located either within or outside his or her home country, for the purpose to proceed with the BioMarkerLab. This includes, but is not limited to, conducting the Biomarker Test.
3.3. Security Measures
Roche has implemented measures to protect the information provided by the Applicant. The Applicant's Information and the Patient's Information shall only be used for the purposes identified in clauses 2.1 and 2.2, and shall not be disclosed to any other persons, unless required for legal proceedings. In accordance with applicable law, the Applicant may have a right to access and correct the Applicant's Information and, on behalf of the Patient, the Patient's Information. For any question regarding our use of the Applicant's Information and the Patient's Information, please contact us at email [email protected] or call center 080-080-8200.
3.4. Test Results
The Biomarker Test Results shall be directly disclosed and transferred between the Applicant and the Laboratories, and shall be recorded by the Laboratories in the Site accessible by the Applicant only. Neither Roche nor its partners, representatives, employees, agents, or associated companies shall have access to the Biomarker Test Results.
4. The Laboratories
4.1. The Applicant acknowledges that the Laboratories conducting the Biomarker Tests are independently operated in their own right. Roche and its representatives, employees, agents, or associated companies do not have any interest or participation in the operation of the Laboratories. The Applicant’s decision to participate in BioMarkerLab and selection of the Laboratories conducting the Biomarker Tests were made independently, without reliance on any statements of any kind by Roche or its representatives. Nothing contained in the application form or any other documents in relation to BioMarkerLab should be relied on as a promise, representation, or warranty, either express or implied, as to the performance of the Laboratories conducting the Biomarker Tests. These include, but are not limited to, completeness of the Biomarker Tests, and reliability and accuracy of the Biomarker Test results.
4.2. Neither Roche nor its partners, representatives, employees, agents, or associated companies shall be liable for any direct, indirect, or consequential loss, damage, liability in contract, tort, negligence, breach of statutory duty, or otherwise resulting from or arising out of the Applicant's participation in BioMarkerLab, any relevant diagnosis and treatments of the Applicant, or any reliance on Biomarker Test results, or any other communications between the Applicant and the Laboratories.
5.1. The Applicant hereby acknowledges and agrees that all information and documents in regard to BioMarkerLab shall be treated as strictly confidential. The Applicant shall not disclose, transfer, or reproduce any such information or documents in whole or in part, except with the express consent of Roche. If the Applicant does not wish to continue his or her participation in BioMarkerLab, the Applicant shall stop using and referring to, and return all information and documents in regard to BioMarkerLab, whether recorded in any formats, to Roche or its designee as soon as practicable, together with any other material relating to Roche that the Applicant may have received from Roche or its representatives (if any). Any proposed actions by the Applicant that are inconsistent in any manner with the foregoing agreements shall require the prior written consent of Roche.
6. Service Access and Contents of the Site
6.1. Whilst Roche endeavors to ensure that the Site is normally available on 24/7 basis, Roche shall not be liable if for any reason the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond the control of Roche or its representatives or partners.
6.2. Whilst Roche endeavors to ensure that the data, information, and contents on the Site are correct, Roche does not warrant the accuracy and completeness of the data, information, and contents on the Site. Roche may make changes to any data, information, or content on the Site at any time without notice. The material on the Site may be out of date, and Roche makes no commitment to update the material on the Site.
6.3. The information and material provided at the Site is provided "as is" without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, Roche provides you with the Site on the basis that Roche and its partners or representatives exclude all representations, warranties, conditions, and other terms (including, but not limited to, the conditions implied by law of satisfactory quality, fitness for purpose, and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the Site.
7. The Applicant's Communication
The Applicant is prohibited from posting or transmitting to or from the Site any material:
7.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
7.2. for which the Applicant has not obtained all necessary licenses or approvals;
7.3. that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party; or
7.4. that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).