1.1 The “Company” is EasyDNA.
1.2 The “Client” is a private client ordering the Company’s DNA profiling services, who neither enters into the Contract with the Company in the course of a business, trade, profession or public service etc. nor holds themselves out as doing so.
1.2 The “Nominated Person” is the person name on the Submission Form to whom the test results will be given.
1.4 The “Sampler” is the person who takes the samples.
1.5 The “Service” is any one or more of the following DNA profiling and identification services.
1.5.1 The “Standard Service” refers to the time-scale involved in the process of receiving, analyzing and reporting DNA test results.
1.5.2 The “Express Service” is the faster service offered by the company.
1.5.3 The “Chain of Custody” is the process by which from the moment the sample is taken (by for example a General Practitioner, at the same time as ID documentation is submitted) to the time the Company receives the sample for testing, the sample remains in the custody of responsible or professional persons who can account for the integrity of the sample received by the company.
1.5.4 The “At-Home” (or “Self-Sampling Test” or “Private Test”) is any Standard Service or Express Service which is not a Legal Test Service. The Self-Sampling test is for cases where the results are not required for court or other legal purposes and the sampling is to be carried out by the client himself.
1.6 The “Order for Services” is the placing of an order for the Company’s Services, whether the order is made in person, by telephone, letter, electronic mail, completion or an order from or any other method.
1.7 The “Price” is the price as set out in the current price list for the Company’s Service.
1.8 The “Kits” are sampling kits provided by the Company to the Client.
1.9 All agreements on the part of the Client which comprise more than one person or entity shall be joint and several.
1.10 The headings contained in these terms and conditions are for reference purposes only and should not be incorporated into these terms and conditions and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
1.11 The neuter singular gender throughout these terms and conditions shall include all genders and the plural and the successor in title to the parties.
2. Application of these terms and conditions
2.1 These terms and conditions shall apply to the exclusion of all other terms and conditions including any which the Client may purport to apply under any agreement, purchase order, confirmation of order or similar document. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Client. If any terms are provided by the Client then the Company’s terms and conditions shall be deemed to be prior or subsequent to such Client terms to the benefit of the Company.
2.2 All Orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these terms and conditions. The Company shall not be deemed to have accepted any offer until the Client has paid for the Service ordered.
2.3 Acceptance of the Service shall be confirmed once the Client has paid for the Service. The payment shall be deemed conclusive evidence of the Client’s acceptance of these terms and conditions. An email will be dispatched confirming the Order and that the kit has been dispatched.
3. Extent of these terms and conditions
3.1 No conditions other than those contained in these terms and conditions shall be deemed to be incorporated in or form part of these terms and conditions, except:
3.1.1 specific terms agreed in writing between the Client and the Managing Director or those authorized by him to agree such terms, or
3.1.2 specific representations made in writing by the Managing Director or those authorized by him to make such representations
3.2 Nothing in these terms and conditions shall have the effect of excluding or limiting the Company’s liability for:
3.2.1 death or personal injury caused by the Company’s negligence, or the negligence of the Company’s employees acting in the course of their employment:
3.2.2 any fraudulent misrepresentations made by the Company upon which the Client can be shown to have relied when entering into contract with the Company; or
3.2.3 any other liability that the Company cannot exclude by law
3.3 These terms and conditions do not affect the Client’s statutory rights as a consumer.
3.4 If any part of these terms and conditions are deemed unreasonable, void or otherwise unenforceable in any legal arbitration or similar proceedings, it is the intention of the parties that the enforceability of the remaining parts of these terms and conditions will not be affected.
3.5 Subject to clause 3.1 above, each party acknowledges that these terms and conditions contain the whole agreement between the parties and the Client has not relied upon any oral or written representation made to them by the Company or its employees or agents.
4. Company’s responsibilities
4.1 The Company will only provide tests that have been performed by a laboratory that is accredited to ISO 17025 and/or AABB standard. The Company guarantees that laboratories not accredited to this level will not be utilized for testing.
4.2 The Company will endeavor to make the results of the tests available to the Nominated Person within the times specified for its Standard and Express Services. The turnaround times stated by the company commence from the receipt of the samples at the laboratory and not from the receipt of the samples at the administration office.
4.3 The Company will send all kits to the Client via first class mail, unless otherwise requested by the client. The cost of sending the kit is included in the Price. The Company cannot be held responsible for any delays caused by the postal system. It is up to the Client to notify the Company in the event that the kit is not received and this within a reasonable time expected from the postal system of that country.
4.4 If through no fault of the Client, the sampling Kits delivered to them or to their Sampler by the Company are damaged on arrival or the sterile packs have been compromised, new ones will be supplied by the Company free of charge. The defective Kits should be returned by the Client with the return carriage at his expense and clearly marked as faulty, for disposal by the Company.
4.5 The Company will only issue one Kit per client order. Additional kits requested will incur an administrative charge of PHP2000 within Philippines.
4.6 If through no fault of the Company, the samples provided by the Client fail to generate a DNA profile due to insufficient DNA or a contaminated sample and due to other reasons, please contact us for the cost of a re-sampling fee for the submission of the standard oral swab provided by the Company. In case of a non-standard sample, the normal retail prices apply in addition to the standard charge.
4.7 The Client understands that whilst the particular testing that the Company undertakes is highly accurate, as with any testing there is a possible or error or omission. The Client therefore acknowledges and accepts that in the event of the Client being able to establish a claim for damages resulting from any act of the Company whether negligent or otherwise, the Company’s liability shall not exceed the cost paid for the test and agrees to keep the Company and its agents, officers and employees harmless from all further claims or damages. The Client’s rights hereunder shall be subject to the Client notifying the Company or any error or omission within thirty days of the test report being posted to the Nominated Person (or within thirty days of the results being issued if the report was not posted).
4.8 The Company shall not be liable for any loss or damage suffered by the Client or any other person as a consequence of reporting the test results to the Nominated Person or other authorized persons, unless the Company has been negligent.
4.8.1 Any liability arising under this clause (4.5) will be limited to the cost of the Service contracted for.
4.9 The Company shall not be liable for any failure or delay in the performance of its testing Services through causes beyond its control, including but not limited to an act of God, flood, drought, storm, war, industrial action, strike, lockout, breakdown of systems or network access, fire, explosion, terrorism, sabotage or other event beyond the Company’s control.
4.10 Under the applicable data protection law, the Company will only obtain, use, process and disclose personal information about the Client in order that it may discharge its responsibilities in providing the Service contracted for, and for other related purposes including updating Client records, analysis for statutory returns, crime prevention and legal and regulatory compliance. The Client has a right to a copy of personal data held about them by the Company and such data can be obtained by them on payment of an administrative fee.
4.11 The Company reserves the right to refuse its Services if it has reasonable grounds for believing.
4.11.1 that the biological samples were or will be obtained illegally, or
4.11.2 that the results will be used for an illegal, immoral, improper or unethical purpose.
The Company also reserves the right to refuse its Services if:
4.11.3 there is a conflict of interest with an existing Client, or
4.11.4 the quality of the Company’s Services might otherwise be compromised, for example if the volume of work requires that no new cases could be taken for a specified period except in an emergency, or
4.11.5 it has other reasonable grounds for doing so.
4.12 The test reports provided by the Company will be given to the Nominated Person. Any person tested will have the right to a copy of the report. See also clause 4.13 below.
4.13 Written reports will be sent by email to the Nominated Person unless otherwise stipulated. If requested the Company will also send a hard copy of the results by mail free of charge.
4.14 The Company reserves the right to issue results to and/or to discuss results with:
(a) all persons tested: or
(b) where the person tested is a child, the mother or other person with Parental Responsibility for the child where the Nominated Person or other authorized person has failed without reasonable excuse to pass on the results to those tested.
4.15 The Company aims to provide a high quality service at all times. If the Client is not satisfied with the service they have received they should put their complaint in wiring to the Company (full contact details for the Company are to be found at the end of these terms and conditions).
4.16 The Company will endeavor to look into any complaint carefully and promptly and to explain the position to the Client. If the Client feels that
the Company has give a less than satisfactory service, the Company will endeavor to address the Client’s concerns.
4.17 All samples that are sent in by the client that have signed consent will be immediately processed by the laboratory, upon receipt. In the event additional payment is required for samples sent over and above the original order, this will have to settle prior to the release of the results.
5. Client’s responsibilities
5.1 The Client is responsible for ensuring the return of all required documents, including consent forms and statements (where applicable). Where these documents are not returned duly completed, the Company will be unable to comply with its obligations under these terms and conditions and in this event the Company shall have no further liability to the Client until or unless the documents are submitted.
5.2 If as a result of a failure on the part of the Client (or their chosen Sampler) to return the required documents, the Company is obliged to cancel the Order of Services, the Company reserves the right to deduct an administrative charge of PHP3000 from any sums paid by the Client before refunding any such sums.
5.3 On request, the Company will endeavor to give as much information to the Client about the Services it provides and the fullest picture of what the results do and do not show, but he Client must decide whether or not the Service offered by the Company is suitable for any particular purpose and is advised by the Company to take legal or other advice if necessary.
5.4 The Client is responsible for ensuring that they (or their Sampler) are legally entitled to possess and obtain the biological samples passed to the Company for analysis.
5.5 The Client agrees to indemnify the Company against all claims, expenses and any loss or damage suffered by the Company as a result of the Client (or their Sampler) passing to the Company any samples which were not legally obtained.
5.6 The Company strongly advises that the Client obtains independent legal advice about their entitlement to take or obtain samples of biological material from persons other than themselves.
5.7 The Company makes no representation that the Client is legally entitled to perform any particular act in order to obtain biological samples for analysis.
5.8 The Client undertakes that all information provided to the Company for the purpose of ordering the Service is correct and that: any credit/debit card used to pay for the Service is owned by them (or that they have the owner’s authority to use it to pay for the Service) and that there is sufficient credit or funds to cover the cost of the Service. The Company reserves the right to obtain validation of such cards before accepting the Order for Services.
5.9 The Client warrants that they are entitled to provide the Company with al information and data and shall indemnify the Company against any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.
5.10 It is Client’s responsibility to provide or ensure that the persons tested provide all necessary identification (if requested), materials or samples to the Company and to complete fully any forms or documents supplied or requested by the Company. Failure to do so may result in a delay in providing, or inaccuracies in test results which may affect the evidential value of the test results and in such circumstances the Company shall not be liable for any such delay or inaccuracy. The Company shall not be liable for any failure to provide accurate, complete or other form of test results due to insufficient, incomplete or poor quality of specimen. Any further testing may incur additional fees.
5.11 The Client is responsible for ensuring that the Nominated Person is aware of the need for confidentiality and that they should not disclose the contents of the report to anyone other than those authorized by the person tested. See also clause 4.11 above.
5.12 The Client should only enter into contract with the Company if they are willing to be bound by these terms and conditions.
6. Fees for Services
6.1 The Price of the Company’s Services are those set by the Company and revised from time to time, and are detailed in the Company’s current price list. The Company’s price list is available on the website or upon request.
6.2 The Express Service is an additional cost that will be charged over and above the cost of the Standard test to take into account the additional costs involved in providing the results in advance of normal turnaround times.
7. Payment and Cancellation
7.1 The Company will not accept an Order of Services from the Client until full payment has been received.
7.2 If a Client wishes to cancel the Order for Services BEFORE the samples have been returned for analysis and WITHIN the statutory seven day cooling off period from the confirmation of the Order of Services,
7.2.1 they should contact the Company in writing (post or email) to cancel the order and return the unused Kit(s) with the return carriage at the expense of the Client; and
7.2.2 the Company will refund to the Client 95% of the total amount paid to cover administrative expenses incurred in your case (excluding a PHP1100 charge where payment by credit card has been made).
7.3 If a Client wishes to cancel the Order of Services AFTER the seven day cooling off period from date of Order of Services, then no refund will be given.
7.4 Payment can be made via credit card, direct bank transfer or money order. For credit card payments, the credit card charges are absorbed by the Company. For all other payment methods, the Client is responsible for any charges incurred in the payment transaction. All funds received by the Company must be the full price quoted in the Price List and net of any charges, before the Company will process the Service. All prices quoted by the Company on its website are inclusive of Value Added Tax (VAT). Payment made by the client thru its credit card at the Company website is subject to adjustments based on the current conversion rates. Any bank charges of the owner of credit card shall be borne by the Client.
7.5 The Client has two months to send his samples back to the Company from the Order of Service. If the Client fails to send the samples within this time frame, the Client’s account will be closed. The Company will charge a reactivation fee of PHP3000 to re-open the account and process any samples sent.
8. Time and the Express Service
Except where the Express Service is undertaken, dates given by the Company for the completion of analysis and reporting of results are for guidance only and are not of the essence of the contract, and the Company shall not be liable to the Client for any loss or damage direct or indirect caused by a delay.
Risk in and to any samples or specimens provided by the Client (or their chosen Sampler) shall remain with the Client. Any title in and to any test results or similar shall rest with the Company until all payments have been received by the Company from the Client.
Any delivery times provided to the Client shall be approximate as the Services specified may alter or their parties may delay delivery or products or services. The Company shall not be liable for any delay in the delivery of the Services and time shall not be of the essence.
11. Storage and disposal of samples
The Company shall be entitled to destroy all other DNA samples (including extracted samples) received from the persons tested three months after reporting to the Nominated Person.
12. Third Party Rights
A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of agreement.
13. Copyright and Intellectual Property
Ownership of copyright in all literature, documentation, and reports etc., prepared by the Company, remain the property of the Company.
The contract between the Company and the Client, as evidenced by these terms and conditions, is subject to the Laws and courts of the British Virgin Island and shall have exclusive jurisdiction in relation to any claim or dispute arising from the contract.
easyDNA Philippines may be contacted at the following address and by the following means:
ADMINISTRATION AND REGISTERED OFFICE OF AGENT:
Harris DNA Testing Center
Unit B De Leon Building
Batangas St., Mt. View Subd.
Balibago, Angeles City 2009
Mobile: Globe 0917-982-3932
Mobile: Smart 0949-724-9940
Tel. No.: +63 45 4360709
REGISTERED OFFICE: EasyDNA, 60-66 Hanover St, Fitzroy VIC 3065
Tel: +1 3472846319