Terms and Conditions for Genesis DNA
Last Updated: September, 2018.
The Terms and Conditions are the “Agreement” between Genesis DNA, and you or the entity you represent (“you”).
You represent to us that you are lawfully able to enter into contracts (e.g., you are not under 18 years of age). If you are entering into this Agreement for an entity you work for, you represent to us that you have legal authority to bind that entity.
By accessing the Website and/or purchasing products or services from us, you agree to be bound by the Terms and Conditions.
1. About Genesis DNA
a) Genesis DNA offers DNA testing kits and genetic analysis services to help individuals learn about their genotype. Our team consists of scientists who specialise in genetics, health and human nutrition. This enables us to offer quick, reliable and affordable DNA testing kits and analysis services.
b) Primarily, we offer the following services: DNA Tests, DNA Uploads, and DNA Analysis (collectively, the “Services”). There are different Services available on the Website; hence, we kindly ask you to read the descriptions carefully before choosing the one(s) you are interested in.
c) To enable us offer the Services, we utilise the use of DNA testing kits (the “Products”).
2. Accessing and using the Website
a) Anyone can access the Website. However, to purchase our Products and/or Services, you must be at least 18 years of age. Upon your purchase of the desired type of test and your simultaneous online payment we will ship the Product to you. The person the test is to be used for will have to register their test kit and create an account on the Website. To create an account, please go to the Sign-Up page on the Website. When the analysis of the test has been performed, the results of the test analysis will be available to download from the user account on the Website upon previous email notification. The user account can be accessed using your registered login and password.
b) You are not eligible to use the Website, access your user account and/or buy our products or services if we have temporarily suspended or previously terminated your access to the Website and we have not expressly authorised you in writing to resume using the Website.
3. Account registration
a) You can sign up and create your user account on the Sign-Up page on the Website. During the registration process, you will be asked to confirm your acceptance of this Agreement.
b) You must make sure that all the information you provide when you register with Genesis DNA is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you must update your account.
c) Your account is for your own use only. To help us maintain the security of Genesis DNA, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Genesis DNA as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so.
d) You must inform us immediately by sending an email to us, if you become aware of any misuse or unauthorised use of your login details.
e) In the event that you have breached, or we have reason to believe that you have breached, or will breach the Terms and Conditions, we may terminate or suspend your registration and/or access to the Website and/or to any content made available on the Website.
4. Online Account
a) Once you register for an online account, we will send you a welcome email containing a link to activate your account. You must click on the link contained in the welcome email for your account to be activated.
b) After activating your account, you can login by using the username and password used during the registration progress.
c) Your online account will contain personal information about yourself, order details (if any), DNA analysis results/reports, and any other important information.
5.1 Products Pricing, Availability
a) Prices for both the Products and Services are indicated on the Website. When purchasing any Product, the price then indicated for such Product shall apply. Please note that we may revise the Product Prices from time to time, without notice.
b) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Product or line of Products, with or without notice.
5.2 Product Use & Return Instructions
For each Product usage and return instructions will be provided within the Product packaging.
5.3 Products Disclaimer
a) Although we have made every effort to display the colours accurately, the images of the Products on our Website are for illustrative purposes only.
b) We cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products, as the Products may vary slightly from those images.
6.1 Analysis Services
Once we receive your test swabs as per our usage instructions, we will perform the analysis Services and thereafter (if successful) prepare a report containing your analysis.
We will endeavour to deliver your results within 14-21 days from the receipt of your swabs.
6.2 Inadequate Test Data
a) In the unlikely event that we are unable to analyse your DNA from the provided test swabs because either (i) you have provided inadequate genetic specimen on the test swabs; or (ii) you have not provided the required information and/or signed the Consent Form in the format that we have specified, we will advise you by email, and request that you provide further specimen, information and/or consent in the required format.
b) If we are still unable to provide the analysis report that you have selected after you have provided us with the specimen, information and consent that we request, we will provide you with a refund.
We will notify you via email once we are done analysing the swabs and your analysis report is ready. The email will contain a link for you to view your report on the user account area on the Website.
7. Purchasing Products/Services; Making Payments
7.1 Products/Services Purchase
In order to receive your analysis report, you must register for an account with us through the Website. If you already have an account on the Website, you can log into your account using your username and password.
7.2 Making Payments
a) Payment can be made by Visa, Visa Electron, Visa Debit, MasterCard, or PayPal. You must be able to confirm that the credit/debit card or online account that is being used is your own, or that you have been specifically authorised by the owner of the credit/debit card to use it.
b) All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Genesis DNA, we will not be liable for any delay or non-delivery. Where applicable, prices are inclusive of taxes.
c) All credit/debit card transactions on the Website are processed using secure third party online payment gateways that encrypt your payment details and other transaction data in a secure environment.
8. Service Warranty
a) Genesis DNA shall exercise all reasonable skill and care in the performance of the Services but does not represent, guarantee or warrant that any particular result (whether expressly requested by you or not) will be achieved or produced. Except in the case of death or personal injury Genesis DNA’s total liability to you whether for negligence, breach of contract or otherwise shall in no circumstances exceed the charges payable by you for the Services.
9. Service Limitations Disclaimer
a) We provide no express warranties, representations or guarantees as to the accuracy of our Products and Services, and you agree that by ordering our Products and Services, you understand the following service disclaimers/limitations:
i) The DNA tests include personal genotyping services and can only be made from the collection and analysis of your personal saliva sample.
ii) We do not provide any form of medical advice to you or any of our customers or Website users.
iii) Our Products and Services do not include any medical diagnosis or advice regarding your health and are not intended as substitutes for seeking professional diagnosis or treatment from your health care professionals.
iv) We provide DNA test analysis reports using genetic research and technologies available at the time of the testing, which may be subject to change over time as scientific advances are made.
v) We assume no responsibility for the use of the Products and/or Services outside the terms stated in the Terms and Conditions or other applicable terms.
b) In addition, you understand and agree that our Products and Services are only for informational purposes and should not be used for any other purposes. Specifically:
i) The information obtained from the DNA test cannot diagnose, prevent or treat any medical condition
ii) The information obtained from the DNA test can be surprising or upsetting, and may have social, economic or even legal implications. Please consult applicable professionals accordingly.
iii) We do not recommend nor endorse sharing of your DNA test results with any individuals or companies.
10. General Rules
You may not:
i) Distribute viruses or any other technologies that may harm Genesis DNA or the interests of users of the Website or users or otherwise interfere with or disrupt our servers;
ii) Except as permitted under the Terms and Conditions, copy, modify, or distribute our content or the trademarks of Genesis DNA or copyrighted material or any content or trademarks owned by a third party unless you have their explicit permission;
iii) Impersonate another user and/or person; use false name or contact data; or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv) Allow any other person or entity to use your account for any reasons;
v) Continue to use the Website and/or the Services if your access to the Website and/or your user account has been suspended or your account terminated; or
vi) Engage in any other conduct that restricts or inhibits any other persons from using or enjoying the Website, or which, in our judgment, exposes us to any liability or detriment of any type.
11. Additional Provisions
11.1 Genesis DNA Content
a) All of the content on the Website is owned or licenced by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vested in) Genesis DNA and is protected by copyright law and other intellectual property rights.
b) Content owned or licenced by Genesis DNA’s includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.
c) We make our content available through the Website for your personal, non-commercial use only. You may view the Website’s pages and content online and print a copy of the Terms and Conditions for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Website without our prior written consent.
11.2 Third Party Links
a) You acknowledge that Genesis DNA may include links to third-party websites. We do not review these third-party websites nor do we have any control over them, and we are not responsible for such third-party websites or their content or availability.
b) We do not therefore endorse, or make any representations about third-party websites, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
11.3 No Promises; Disclaimer
a) We only promise that we will operate the Website with reasonable skill and care.
b) Otherwise, the content and services available on the Website are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular:
i) We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Website and you should not rely on it being accurate, truthful or complete.
ii) We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the Website.
iii) You agree that your access and use of the Website and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on the Website is used.
a) You agree only to use the Website in accordance with the Terms and Conditions.
b) You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of the Terms and Conditions (including as a result of any actions you take which disrupt access to and/or the functioning of the Website) or any liability we incur as a result of the use of the Website by you and any other person that uses your account with your permission or as a result of your negligence.
11.5 Copyright complaints
a) We respect the intellectual property rights of others, and we prohibit users of the Website from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
b) It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us.
c) Additionally, it is our policy to terminate usage rights and any applicable accounts of users we determine to be repeat infringers of others’ copyrights.
a) We may terminate your access to the Website and/or the Serrvices without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
b) Reasons for termination include, but not limited to your breach of the Terms and Conditions;
c) All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Force Majeure
Genesis DNA shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
14. Governing Law and Dispute Resolution
a) You agree that the laws and regulations of England and Wales govern this Agreement, its subject matter, and any claim or dispute that you may have against us.
b) You further agree that any disputes or claims that you may have against us will be resolved before the courts of England.
a) We may modify or change any part of the terms and Conditions at any time, without prior notice. You can review the most current version of the Terms and Conditions by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking this page periodically for any changes.
b) If you continue to access the Website after we make any changes to the Terms and Conditions, you are signifying your acceptance of the new terms.
16. Entire Agreement
17. Contacting Us
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.