Effective Date: September 11, 2018
Please read these terms and conditions carefully. They contain important information about your rights and obligations and constitute a binding legal agreement between you and ”DNA LAB” and its affiliate companies (“Company,” “we,” “us” or “our”) regarding your use of the Service and Site.
THESE CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST COMPANY TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. Please review Section 19, below for the details regarding your agreement to arbitrate any disputes with us.
A number of factors can impact the accuracy of the Service and test results, including without limitation, your ability to provide sufficient and uncontaminated biological samples as required by the instructions in the Kits. YOU AGREE WE ARE NOT LIABLE FOR ANY TESTING OR OTHER SERVICE ERRORS CAUSED BY YOU OR YOUR FAILURE TO PROVIDE SAMPLES STRICTLY IN ACCORDANCE WITH KIT INSTRUCTIONS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE OR THAT THE SERVICE WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT) Or THAT THE results OF THE SERVICE will be accepted by a particular entity.
Medical Advice Disclaimer.
THE SERVICE AND THE SITE DO NOT PROVIDE MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, 911, OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOU USE THE SERVICE AND THE SITE AND ANY INFORMATION PRODUCED BY THE SERVICE AND THE SITE AT YOUR OWN RISK. WE DO NOT OFFER MEDICAL ADVICE, DIAGNOSES, OR OTHER RECOMMENDATION FOR TREATMENT, OR ENGAGE IN THE PRACTICE OF MEDICINE. THE CONTENT AND OTHER MATERIALS CREATED BY THE COMPANY OR OTHERWISE CONTAINED IN THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO BE PROVIDED ARE DECISIONS THAT SHOULD BE MADE ONLY BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING ANY ACTUAL OR POTENTIAL MEDICAL CONDITION OR SYMPTOMS YOU ARE EXPERIENCING.
Certain Definitions. Capitalized terms not defined where they first appear to have the following meanings:
(a) “Conditions” means these terms and conditions.
(b) “Contract” means any order submitted for the supply of the Services by the Company to you.
(c) “Kits” means sampling kits sent to you on receipt of your order or otherwise purchased by you.
(d) “Request Form” means the pro forma service order form relating to the Service and as provided by the Company via our website at www.fatherdnatest.com
(e) “Service” means the various testing services provided by the Company, including, but not limited to: paternity, DNA relationship, and fertility testing, DNA-testing services for individuals relating to ancestry, weight management, skincare purposes, and to help determine your sensitivity to certain foods and pets, DNA testing for animals and all related services including the results thereof.
(f) “Site” means www.fatherdnatest.com and any other websites and online applications operated by the Company that links to or incorporate these Conditions.
(g) “You” means the person ordering the Service and/or using the Site.
Conditions of Sale
(a) These Conditions shall apply to all contents and information available within the Site and all Contracts to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document.
(b) If you order the Service from the Site by filling in the registration form and clicking the “Submit” button or through a representative, you shall be legally bound to have made an offer to purchase the Service pursuant to these Conditions.
(c) All sales made by the Company are made on these Conditions. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Effective Date of these Conditions is set forth at the top of this webpage. The Company may from time to time alter these Conditions at its discretion. Any changes will be posted on the Site. We encourage you to return to the Site frequently so that you are aware of our current Conditions. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. The changed Conditions supersede all previous versions.
(d) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.
(e) Features and specifications of the Service we provide described or depicted on the Site are subject to change at any time without notice.
(f) These Conditions do not affect your statutory rights as a consumer.
The Company grants you a limited license to access and make personal use of the Site subject to these Conditions. The Site and any part of it may not be reproduced, copied, framed, or otherwise exploited for any commercial purpose without the express prior written consent of the Company.
Prices, Payment, and Delivery
(a) The charges payable by you to the Company for the Service are those set out in the current relevant price list(s) supplied by the Company to you as published on the Site or as quoted in writing by the Company to you. The Site or other Company publications concerning the Service may include inaccuracies or typographical errors. The Company is not responsible for any pricing, typographical, or other errors on the Site or in such publications.
(b) The Company reserves the right to vary the prices for the Service between the date of the Contract and the performance of the Service in the event of and to the extent of any increase in the cost of labor or materials or any delay howsoever caused by any other variation in the costs to the Company of providing the Service. The Company shall notify you of any changes to the advertised price and you will have a right to proceed with or cancel the order within seven days of the notification.
(c) The Company must receive payment for the Service before acceptance of your order, which includes testing and issuing results. If you have opted in for online access, you will receive a ‘Transaction Summary’ or other confirmation which will include your case reference number and details of the Service. The Company’s acceptance of your order brings into existence a legally binding contract between you and the Company. The Company reserves the right not to supply you at its discretion. Unless other arrangements are made, all Services must be paid in full before the results of the test will be released to you.
(d) You are liable for all transaction taxes for purchases, including any applicable sales, use or value-added taxes.
(e) You undertake that all details you provide the Company for the purpose of purchasing the Service are correct, that the credit or debit card, which you use is your own, and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service.
(f) Payment will be processed by the Company’s third-party payment processor, using the preferred payment method you choose or designate in your account. We may charge another stored payment method if your default payment card is declined or no longer available to us.
(g) Charges paid by you for completed and delivered orders are final. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion and in accordance with these Conditions.
Cancellation/Termination, Refunds & Charges Arising
(a) You, as the person who pays for the Service, have three business days (excluding Bank Holidays) from the date on which the Company accepts your order pursuant to clause 6(c), to cancel the Contract without cause or penalty, upon serving a written or emailed notice of cancellation upon the Company. However, a cancellation fee shall be due to the Company if Kits have been dispatched, samples have been collected, or the test has been run.
(b) If you cancel the Contract in accordance with this Section 8, the purchase price for the Service will be returned to you as soon as practicably possible, and in any event, the Company will use reasonable efforts to return the purchase price to you within 30 days of the Company’s receipt of your notice of cancellation.
(c) If the Kits are damaged on delivery the Company will, in its sole discretion replace or exchange any such Kits or refund you for the price paid for the Service.
(d) The Company reserves the right to cancel or refuse any order for any reason at any stage of the ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or payment issues.
(e) Any dates quoted by the Company to you for the provision of the Service are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract. The Company will not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Service.
(f) In the unlikely event that the result of analysis for the Service you purchased is found to be in error, the Company may perform a further analysis for you free of charge or return your payment for the Service at our sole discretion.
(a) By purchasing a Service, you agree to provide correct and accurate biological samples as required by the instructions in the Kits we provide to you. The ability to generate a test result is dependent upon obtaining a quality sample during the collection process, therefore collection instructions must be rigorously followed. You represent and warrant that any samples you provide through the Kits to Company are your samples; if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you represent and warrant that the samples provided will be the samples of that person. The information contained in the analysis is solely for use by the tested parties or designated representative.
(b) The Company strongly advises that you should obtain independent legal advice about your legal entitlement to take or obtain samples of biological material from persons other than yourself. You warrant that you are legally entitled to possession of the samples you have provided to the Company.
(c) You may not use the Services and may not accept these Conditions if you are not of legal age to form a binding contract with the Company, and/or you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
(d) You represent and warrant that you are not a person suffering from a mental disorder (within the meaning of the Mental Health Act 1983) and are therefore not incapable of understanding the nature and purpose of the Service you purchase.
(e) You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and the Service you purchase.
(f) You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
(g) You acknowledge that some of the information you receive from the Service you purchase may be unwanted or unexpected and may provoke strong emotion.
(h) You acknowledge and agree that you shall acquire no rights of any kind in any of the research or commercial products that may be developed by the Company or our collaborators due to the submittal of your samples. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your samples.
(i) You represent and warrant that you will not use the information obtained from the Service in whole, in part, and/or in combination with any other database, for any discriminatory purpose or illegal activity.
Account Creation, Customer Account, Passwords, and Security
(a) To view and download test results from the Service, you must create an account on the Site. In consideration of your use of the Site and Service, you agree to: (i) provide true, accurate, current, and complete registration information about yourself as prompted by the Site; and (ii) maintain and promptly update the registration information to keep it true, accurate, current, and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if the Company has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service or the Site (or any portion thereof).
(b) You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Conditions. The Company will not be liable for losses, damages, liability, expenses, and fees incurred by the Company or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
(c) After you have purchased a Service, you may receive your test results by email. You are responsible for maintaining the confidentiality of your test results. If you allow third parties to view your test results, you will defend, indemnify and hold harmless the Company against any liability, costs, or damages, including attorneys’ fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify the Company of any unauthorized use of your test results. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.
Privacy and Disclosure
(a) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(b) You agree not to:
Use the Site in any way that violates any applicable federal, state, local or international law or regulation;
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site; or
Otherwise attempt to interfere with the proper working of the Site.
Links to other web sites
The Site may contain links to third-party websites. Company does not control and is not responsible for the availability, content or accuracy of any pages or other sites linked to this website. The inclusion of any link to such websites does not imply endorsement by the Company of such websites. If you click on any links to third-party websites, you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with any third-party website.
General Disclaimer; Limitation of Liability
(a) WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SERVICE BE ERROR-FREE, ACCURATE, RELIABLE OR WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT). THE SITE AND THE SERVICE ARE PROVIDED BY The Company on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE OR THE SERVICE.
(b) The Company makes no guarantee that the test results will be accepted by a particular entity. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.
(c) Except to the extent prohibited by applicable law, in no event will the Company nor any of its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exmplary or consequential damages or losses of whatsoever kind ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING THE RESULTS PRODUCED BY SUCH SERVICE), ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
(e) ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
(f) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
You shall indemnify, defend and hold the Company, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Conditions; (c) the infringement by you, or any third party using your account, of any intellectual property, privacy or other right of any person or entity; (d) your use of the Service; (e) the samples you provide to the Company; or (f) your User Generated Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Copyright and Monitoring
The contents of the Site, including all information, files, documents, text, photographs and images, are the property of the Company and our licensors, as applicable, and are protected by U.S. and international copyright laws and other intellectual property rights. The Company or its licensors own these rights. All product and company names and logos mentioned in the Site are the trademarks, service marks or trading names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with the Company and you may download, save and print a copy of these Conditions. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Company’s web site including but not limited to text, graphics, code and/or software without the Company’s prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. All rights not expressly granted herein are reserved to us and our licensors.
Third Party Rights
No provision of these Conditions is intended, nor shall they be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any third party. Except for the Company’s affiliates, directors, employees or representatives, a person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available from that Act.
Agreement to Arbitrate
In consideration of and as a condition of your use of the Site and Services, you and the Company (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final, confidential and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: (i) arising out of or relating to these Conditions; (ii) relating to the relationship between the parties; (iii) arising under any state, federal, or international law(s) of similar import; and (iv) all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Conditions but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against the Company but also against any and all of its subsidiaries and parents collectively, and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
The arbitration shall be referred to and resolved by arbitration at BIAC (Bangladesh) Arbitrators under their arbitration rules. The place of the arbitration shall be Dhaka, Bangladesh and the decision arrived at by the arbitration shall be final and binding and no appeal shall lie therefrom. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable BIAC Rules and Procedures as they exist at the time of these Conditions’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Conditions. The arbitrator shall apply the laws of the Bangladesh, without regard to its conflict of laws principles, to the covered dispute. If there are any ambiguities in these Conditions, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, the Company will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, the Company shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
(a) These Conditions are made between the Company and you and shall not be assignable by you. The Company may assign these Conditions and sub-contract the performance of the Contract in whole or in part.
(b) The Company reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including the right to remove your account and any contents generated by you on the Site, block your access to the Site and block IP addresses.
(5) The Company shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the Company’s control.
(6) If any part of these Conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these Conditions will not be affected and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
(7) No waiver by the Company of any term or condition set forth in these Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The Company’s failure to insist upon or enforce strict performance of any provision of these Conditions shall not be construed as a waiver of any right.