Terms of use

This agreement is a contract between you and Bluewave Bio and applies to Bluewave Bio’s services usage in whole. You shall read, agree with and accept all of the terms and conditions contained in this agreement.

Article.1 General rule

1.1.  Purpose,

This agreement is to comply with the law of electric communication enterprise and an Enforcement Ordinance in Korea on the utilization stipulation and procedure of all the related service provided by Bluewave Bio.

1.2. Service,

Service defines that it furnishes digital pathology techniques and other additional information through https://bluewavebio.com/service to be provided by Bluewave Bio hereunder.

1.3 Effectiveness and change of the agreement,

1. It shall come into effect on the date when Bluewave Bio post it in public.
2. It may be amended by any such change of important business reasons and proceeded with work as changed after all the amendments are made.

Article 2. Enrollment of a membership and Service Usage,

2.1 Eligibility and Types of accounts

1. To be eligible for our service, you shall obtain the consent of service usage from Bluewave Bio and make an agreement.
2. 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 Bluewave Bio’s request
3. In the event that Bluewave Bio authorizes the Service Usage to you, such notice shall be considered to be received by Bluewave Bio with User ID and other related information.
4. Bluewave Bio 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 limitation

1. Bluewave Bio can temporarily suspend the Service usage due to system inspection, change, defect, communication interruption and Force Majeure.
2. 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.

Article 3. Liability

3.1 Bluewave Bio’s Liability

1. Bluewave Bio 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.
2. You shall agree to receive an e-mail related to service, important notice and promotion email / letter sent by Bluewave Bio.
3. 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.
4. Bluewave Bio 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.
5. Bluewave Bio 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

1. You shall be liable for all the management of your own ID and Password.
2. You shall agree to receive an e-mail related to service sent by Bluewave Bio
3. You shall give the notice to Bluewave Bio on this matters, if your ID is used on illegally purposes,
4. You shall abide by clauses specified on the agreement and related laws.
5. You agree to acknowledge that any data generated from Bluewave Bio’s laboratory service and delivered to you resulted from labour, efforts, material and assets of Bluewave Bio 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.

Article 4. Supply and usage of Service result

4.1 Supply of Service result

1. The turnaround time define the one from the arrival of your samples to the sending of result.
2. 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,

1. Bluewave Bio 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:
   1. provide it by anonymity for a statistical report, academic research and market investigation
   2. identity the said person to prevent use by stealth
   3. required by the laws, regulations or orders of the Governmental authorities concerned

Article 5. Effectiveness, termination and limitation

5.1 Effectiveness

1. You shall provide your identified information as per Bluewave Bio’s required form and make this agreement with Bluewave Bio.
2. Bluewave Bio agree to register users as a member who comply with clause 5.1.a.

5.2 Termination and usage limitation

1. You may for its convenience, terminate contract at any time. Such termination becomes effective by your e-mail notice of termination to Bluewave Bio after identifying your personal information (Name, TEL, Institute, FAX etc)
2. 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.
3. Bluewave Bio may terminate the Contract without any notice, in whole or in part, if:
   1. violate the public order and established social morals
   2. relate to criminal act
   3. intend to utilize service for damaging national interests and social public benefit.
   4. use ID and Password of other users.
   5. bring disgrace and inflict a loss on other users.
   6. register another ID in duplicate under same user.
   7. damage sound usage of service.

5.3 Cancellation procedure of usage limitation

5. In the case of limiting service usage, Bluewave Bio shall notify users or representatives in writing or phone of Bluewave Bio’s intension fixing given date and time to terminate the contract. Such termination becomes effective by KHNP’s written notice of termination to Supplier.
6. Bluewave Bio may, for its convenience, terminate all or any part of the service at any time by urgent problem. Such termination becomes effective by Bluewave Bio’s written notice of termination to Supplier.
7. Under the article of 4.2.1, users or representative who is notified the termination of service usage, could make a objection.
8. In the event of resolving the suspension of service usage, Bluewave Bio will take a appropriate action to cancel the suspension immediately

5.4 User’s notice management

Bluewave Bio can delete the notice posted by users for the following without any pre-notice.

1. injure to a persons or group’s reputation by a slander
2. violate public order or established social morals.
3. commit a criminal act
4. infringe copyright against other people
5. violate related law or Bluewave Bio’s rule.

Article 6. Arbitration

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 Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board and the laws of Korea.

Aricle 7. Governing Law

The Contract shall be governed and interpreted by the laws of the Republic of Korea.

Article8. Liabilities and remedy

8.1 Liabilities

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.
Bluewave Bio 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 Bluewave Bio’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.

8.2 Remedy

1. Bluewave Bio have no obligation to confirm and represent any opinion and information provided by Bluewave Bio’s service, users and third party.
2. Bluewave Bio 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 Bluewave Bio in an amount of 10% of total amount of the delayed payment behind due date.

# Appendix

1. All payment shall be made by you to the designated Bluewave Bio’s banking account, or by the individual or corporate credit card and shall be made in the United States Dollar or Euro or Japanese Yen or British Pound.
2. According to the general terms and conditions on above-mentioned, we would like to inform you that we will charge you the amount of the service charge as per the inserted card number unless the payment is done no later than one month after the receipt of the commercial invoice of our sequencing service.
3. You can choose one of the payment methods among the followings.
   1. Telegraphic Transfer in advance
   2. Telegraphic Transfer at sight of the commercial invoice
   3. Payment of credit card as per your the level of the credit
   4. Banking Check
4. Single Pass Sample Screening policy
   Rescreening is provided in order to verify any possibility of machine error or operator’s mishandling and carried out only when digital pathology service’s quality can be improved. Therefore, retrial request for failures owing to template preparation or composition will be all charged. Also, re-sending a new batch, in spite of the same sample names, will be regarded as a new order.