Terms & Conditions for SecureGene Testing

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Binding Arbitration:

These terms and conditions outline the procedures for resolving disputes between you and SecureGene Testing. Any claims you have against SecureGene Testing must be resolved through binding, confidential, and final arbitration on an individual basis. This means you cannot bring your claims as part of a group, class, or representative action or proceeding. Please refer to Section 19 for detailed information on your agreement to arbitrate disputes with us.

Cautions:

Various factors can affect the accuracy of the Service and its test results, including your ability to provide biological samples according to the instructions in the Kits without contamination. By using the Service, you acknowledge that we are not responsible for errors in testing or other services caused by your actions or failure to strictly follow Kit instructions when providing samples. We do not guarantee that the Service will be free of errors, accurate, or reliable, nor do we guarantee specific results or acceptance by any particular entity.

Medical Advice Disclaimer:

The Service and the Site do not offer medical advice or guarantees regarding health or safety. If you believe you are experiencing a medical emergency, contact your doctor, 911, or local emergency services immediately. Your use of the Service, the Site, and any information generated by them is at your own risk. We do not provide medical advice, diagnoses, treatment recommendations, or engage in the practice of medicine. The content and materials provided by SecureGene Testing on the Site are for informational purposes only and are not intended to replace professional medical advice, diagnosis, treatment, or public health information. Decisions regarding the need for medical services and the type of healthcare to be provided should be made by a physician or licensed healthcare provider. Always consult a physician or qualified healthcare provider with any questions about actual or potential medical conditions or symptoms you may be experiencing.

For any assistance or inquiries related to the above, please contact us at admin@securegenetesting.com.

Certain Definitions:

Capitalized terms not defined where they first appear have the following meanings:

(a) "Conditions" refers to these terms and conditions.

(b) "Contract" pertains to any order submitted for the provision of Services by SecureGene Testing to you.

(c) "Kits" are sampling kits dispatched to you upon order receipt or purchased separately.

(d) "Request Form" signifies the standard service order form for the Service provided by SecureGene Testing on our website at securegenetesting.com.

(e) "Service" encompasses various testing services provided by SecureGene Testing, including but not limited to paternity, DNA relationship and fertility testing, individual DNA-testing services related to ancestry, weight management, skin care, sensitivity to certain foods and pets, and DNA testing for animals, along with associated services and results.

(f) "Site" refers to securegenetesting.com and any other Company-operated websites or online applications that incorporate or link to these Conditions.

(g) "You" denotes the individual ordering the Service and/or utilizing the Site. 

Terms of Sale:

(a) These Terms govern all content and information available on the Site and all Contracts, excluding any other terms and conditions, including those you may attempt to apply through a purchase order confirmation, Request Form, or similar document.

(b) By ordering the Service through the Site, either by completing the registration form and clicking the “Submit” button or through a representative, you are legally bound to have offered to purchase the Service under these Terms.

(c) All sales by SecureGene Testing are subject to these Terms. Any changes to these Terms must be confirmed in writing by a director of SecureGene Testing to be binding. The Effective Date of these Terms is indicated at the top of this webpage. SecureGene Testing may modify these Terms at its discretion and will post any changes on the Site. We encourage you to check the Site regularly to stay informed about our current Terms. Your continued use of the Site after any changes constitutes your agreement to abide by the updated terms. The revised Terms supersede all previous versions.

(d) You are responsible for assessing whether the offered Service is suitable for your specific needs and the resulting consequences.

(e) The features and specifications of the Service described or depicted on the Site are subject to change without prior notice.

(f) These Terms do not affect your statutory rights as a consumer.

License:

SecureGene Testing grants you a limited license to access and use the Site for personal purposes, subject to these Terms. The Site or any part of it may not be reproduced, copied, framed, or exploited for commercial purposes without the express prior written consent of SecureGene Testing.

Prices, Payment, and Delivery:

(a) The charges for the Service payable to SecureGene Testing are outlined in the current price list(s) available on the Site or as quoted in writing by SecureGene Testing. SecureGene Testing is not liable for any pricing or typographical errors on the Site or in related publications.

(b) SecureGene Testing reserves the right to adjust prices for the Service due to increased labor or material costs or delays affecting SecureGene Testing’s costs in providing the Service. You will be informed of any price changes and have the option to proceed or cancel within seven days of notification.

(c) Payment for the Service must be received by SecureGene Testing before your order is accepted, including testing and result issuance. Upon opting for online access, you will receive confirmation, including your case reference number and Service details. Your order acceptance by SecureGene Testing forms a legally binding contract. SecureGene Testing may choose not to fulfill orders at its discretion. Unless otherwise arranged, full payment is required before test results are released.

(d) You are responsible for all transaction taxes applicable to your purchases.

(e) You confirm that all details provided to SecureGene Testing for purchasing the Service are accurate, and you have the necessary funds or credit for payment. SecureGene Testing may verify your payment details before providing the Service.

(f) Payment processing will be handled by the Company’s third-party processor using your preferred payment method or another designated method. The Company may charge an alternate payment method if the primary card is declined.

(g) Charges for completed and delivered orders are final unless the Company decides otherwise, at its discretion and in accordance with these Terms.

Cancellation/Termination, Refunds & Charges Arising:

(a) As the paying party for the Service, you have a three-business-day window (excluding Saturdays, Sundays, and U.S. Bank Holidays) starting from the date the Company accepts your order under clause 7(c) to cancel the Contract without cause or penalty. This requires serving a written or emailed notice of cancellation to the Company. However, if Kits have been dispatched, appointments scheduled, samples collected, or the test conducted, a non-refundable deposit and any cancellation fees will apply and be retained.

(b) Upon cancellation of the Contract as per Section 8, the purchase price for the Service will be refunded to you as soon as reasonably possible. The Company will make reasonable efforts to process the refund within 30 days of receiving your cancellation notice.

(c) If Kits are damaged upon delivery, the Company may, at its discretion, replace or exchange the Kits or provide a refund equal to the price paid for the Service.

(d) The Company reserves the right to cancel or decline any order at any stage of the ordering process, including after submission and confirmation, for reasons such as limited product quantities, inaccuracies in product/pricing information, or payment issues.

(e) Any dates provided by the Company for Service provision are approximate and do not form a contractual obligation, nor are they considered essential to the Contract. The Company is not liable for any direct or indirect losses or damages resulting from Service delays.

(f) In rare instances where the analysis result for the purchased Service is erroneous, the Company may offer a free re-analysis or refund for the Service at its discretion.

Non-Refundable Affiliate Fees and Promotion Disclaimer

All affiliate fees paid to SecureGene Testing are non-refundable under any circumstances. Additionally, SecureGene Testing is not required or obligated to promote or facilitate sales for the partner's business. While we may offer guidance and sales calls, SecureGene Testing is not responsible for the success of any partner’s business. Any promotional efforts undertaken by SecureGene Testing will be at its sole discretion. 

Your Responsibilities:

(a) By purchasing a Service, you agree to provide accurate biological samples as instructed in the Kits provided by us. Obtaining reliable test results depends on collecting high-quality samples and following the provided instructions meticulously. You affirm that any samples you provide to SecureGene Testing are either your own or, if provided on behalf of another person with legal authorization, that they belong to that person.

(b) We recommend seeking independent legal advice regarding your rights to obtain and use biological samples from individuals other than yourself. You certify that you have legal possession of the samples provided to SecureGene Testing.

(c) You must be of legal age to enter into a binding contract with SecureGene Testing and not barred from receiving Services under applicable laws to use the Services and accept these Terms.

(d) You confirm that you are mentally sound and capable of understanding the nature and purpose of the Service you are purchasing.

(e) You agree to comply with all relevant laws and regulations governing your access to and use of the Site and the purchased Service.

(f) You certify that you are not an insurance company or employer seeking information about an insured person or employee.

(g) You acknowledge that information from the Service may be unexpected or emotionally impactful.

(h) You understand and accept that you have no rights to any research or commercial products resulting from your sample submission and will not receive compensation for such products.

(i) You warrant that you will not use the Service information, whether in whole or part, or combine it with other databases, for discriminatory or illegal purposes.

Account Creation, Customer Account, Passwords, and Security:

(a) To access and download test results from the Service, you must create an account on the Site. By using the Site and Service, you agree to: (i) provide accurate, current, and complete registration information about yourself as prompted by the Site; and (ii) keep your registration information updated. Failure to provide accurate and current information, or if there is reasonable suspicion of inaccurate or incomplete information, may result in the suspension or termination of your account by SecureGene Testing and may also lead to the refusal of any current or future use of the Service or the Site.

(b) You are the only authorized user of the account you create on the Site, and you are fully responsible for all activities conducted under your account. You may not permit others to use your account credentials, nor can you transfer or assign your account to another person or entity. If you suspect unauthorized access to your account, you must promptly notify us using the contact details provided at the end of these Terms. SecureGene Testing is not liable for any losses, damages, liabilities, expenses, or fees incurred due to unauthorized use of your account, even if you have informed us of such unauthorized access. You acknowledge and agree that we may request information to confirm your identity to maintain the security of your account.

(c) Upon purchasing a Service, you may receive your test results via email. It is your responsibility to maintain the confidentiality of your test results. Allowing third parties access to your test results may result in liability, costs, or damages for which you are responsible. You agree to indemnify and hold SecureGene Testing harmless against any claims or suits by third parties related to unauthorized access to your test results. Promptly notify SecureGene Testing of any unauthorized use of your test results. SecureGene Testing is not liable for any losses or damages resulting from your failure to comply with this provision.

Privacy and Disclosure:

We handle personally identifiable information submitted in connection with the Site or Service according to our Privacy Policy, which we recommend reading before using the Site or Service.

Restrictions:

(a) You are prohibited from attempting to breach the security of the Site, including: (i) accessing data not meant for you or logging into a server or account without authorization; (ii) attempting to test system vulnerabilities without permission; (iii) unauthorized access or use of the Site; or (iv) introducing malicious software or harmful material.

(b) Additionally, you agree not to:

• Violate any applicable laws or regulations while using the Site.
• Engage in conduct that disrupts or limits others' use or enjoyment of the Site.
• Use the Site in a way that could damage or impair its functionality.
• Use automated tools or processes to access or monitor the Site without our consent.
• Interfere with the proper functioning of the Site through any means.
• Attempt to disrupt the Site's operations in any way.

(c) Except for personally identifiable information collected according to our Privacy Policy, all materials, information, or other communications you transmit, upload, or post to the Site, including ideas, comments, suggestions, feedback, data, or similar content ("User Generated Content"), will be treated as non-confidential and non-proprietary. SecureGene Testing assumes no obligations regarding User Generated Content. Additionally, you assign all intellectual property rights in any User Generated Content to SecureGene Testing. By submitting User Generated Content, you agree that SecureGene Testing is free to use it without limitation, compensation, and for any purpose, in identifiable or de-identified form.

Links to Other Websites:

The Site may include links to third-party websites. SecureGene Testing does not control or endorse the availability, content, or accuracy of these external sites. Clicking on such links is at your own risk, and SecureGene Testing is not liable for any losses or damages related to third-party websites.

General Disclaimer; Limitation of Liability:

(a) We do not guarantee uninterrupted or error-free access to the Site or that defects will be corrected. The Service is provided "as is" and "as available," and SecureGene Testing makes no warranties regarding the Site's operation, information accuracy, or Service performance.

(b) SecureGene Testing does not guarantee that test results will be accepted by specific entities and advises seeking independent legal advice for using results in legal proceedings.

(c) To the extent permitted by law, SecureGene Testing, its officers, directors, employees, agents, or representatives are not liable for direct, indirect, special, punitive, exemplary, or consequential damages arising from the Service, Site access, or use, whether based on warranty, contract, tort (including negligence), strict liability, violation of statute, or otherwise.

(d) Your sole remedy for dissatisfaction with the Site, content, or Service is to cease using them. If certain limitations of liability are unenforceable, our maximum liability is $150 or the amount paid for the Service, whichever is less, unless prohibited by applicable law.

(e) Any claims related to Site or Service use must be filed within one year of the event giving rise to the claim.

(f) These exclusions and limitations do not affect consumer rights under local law or liability for death or personal injury caused by negligence.

Copyright and Monitoring:

The materials, including information, files, documents, text, photographs, and images found on the Site, are owned by SecureGene Testing and our licensors, protected by U.S. and international copyright laws, and other intellectual property rights. SecureGene Testing or its licensors hold these rights, including trademarks, service marks, or trading names mentioned on the Site. You are allowed to download materials from the Site solely for placing an order with SecureGene Testing and to save and print a copy of these Terms. However, you are not permitted to modify, copy, reproduce, republish, upload, post, transmit, distribute, or use any material or information from SecureGene Testing’s website without prior written consent, except where expressly authorized, such as to complete tests or questionnaires.

All rights not explicitly granted herein are reserved to us and our licensors.

Third Party Rights:

These Terms do not grant any third-party beneficiary rights or any rights of any kind to third parties, except for SecureGene Testing’s affiliates, directors, employees, or representatives. Third parties not party to these Terms have no rights to enforce any term of this Contract under applicable law.

Agreement to Arbitrate:

By using the Site and Services, you and SecureGene Testing agree to resolve all covered disputes through confidential and binding arbitration. Covered disputes include any disputes or claims between the parties, irrespective of when they arose, and all other claims or disputes under various laws, statutes, contracts, torts, or common law. Arbitration will be conducted under the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures, with the arbitrator deciding all issues. The parties waive the right to class, collective, or joint actions and agree to share arbitration costs. The parties agree to abide by the arbitrator’s decision, and the award shall be final and binding.

General:

These Terms constitute the entire agreement between you and SecureGene Testing, superseding any prior agreements. Any notices to SecureGene Testing should be sent via email to admin@securegenetesting.com. SecureGene Testing is not liable for failures beyond its control, and any unenforceable provisions in these Terms will be replaced with enforceable ones. Waiver of any provision by SecureGene Testing does not constitute a waiver of any other provision or right.