Terms and Conditions

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TERMS AND CONDITIONS 

1. Services

1.1 The Client agrees to the Terms and Conditions by: (1) using Services, (2) clicking to accept or agree to the Terms and Conditions, or (3) submitting biological samples to BCDT. The Client may not use any Services if the Client does not agree to and accept the Terms and Conditions.

1.2 The Services provided by Better Choice DNA Testing (BCDT) are solely for the use of the Client. BCDT makes no representation, expressed or implied that the result of the Services is useful for any purpose other than the Service purchased by the Client.

1.3 BCDT does not guarantee that the biological samples provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples submitted to BCDT will not be returned.

1.4 BCDT may use any third party of its choice to perform any portion of the Services.

1.5 BCDT reserves the right to perform Services using methods and processes that BCDT deems appropriate.

1.6 For biological samples collected via Chain-of-Custody (including New York State), BCDT rigorously follows nationally and internationally recognized standards for court-admissible test results. While BCDT test results are routinely accepted by courts worldwide, each court (or judge) ultimately determines admissibility. BCDT does not guarantee that the results of the Services will be admissible in a court.

1.7 Guidance for interpreting the results can be obtained by contacting BCDT.

1.8 BCDT reserves the right to refuse service, including to refuse to test any biological samples or photographs received.

2. Payment

2.1 Payment in full or an agreed upon deposit is required before Services can begin. Payments can be made with a valid credit/debit card or prepaid card. Personal checks are not accepted. Personal checks received by BCDT will be immediately destroyed and Services will be on hold until payment in full has been made.

2.1 Copies of results of Services are sent to the Client via email and U.S. mail upon request. The Client agrees that BCDT, its affiliates, its contractors, its distributors, and its suppliers are not responsible or liable for access to order information or results, or for any reaction a person may have upon receiving results.

2.2 Order information and results of Services are accessible by the Client. Order information and results of Services are also accessible by a test participant’s legal guardian when the participant is a minor or a legally incompetent adult, even if the legal guardian is not a participant in the test.

2.3 BCDT may use email and/or text messaging to convey order status as requested. Standard email or text messaging may not be confidential, so BCDT strives to use the minimum necessary amount of personal information when communicating via email/text message. The Client understands that email and/or text messaging pose risks to the confidentiality of the Client’s information. Nevertheless, the Client accepts this risk and agrees to communication by email and/or text messaging.

2.4 Notwithstanding anything in section 4, all data, forms, customer information, or other information submitted to BCDT by the Client will be stored by BCDT in hardcopy and/or electronic form, with case access provided to the Client, to BCDT, and to government agencies as required by applicable laboratory accreditation guidelines, or as may be required by law. BCDT may provide this information to contractors for the provision of Services.

2.5 The Client authorizes BCDT, along with its agents and contractors, to collect the Client’s information uploaded to BCDT‘s website.

2.6 The Client agrees to hold harmless BCDT and its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, suppliers, and any person or entity for any injury related to Services, including any injury related to the Client’s provision of information through BCDT’s website.

2.7 The Client understands that by providing information to BCDT, the Client does not acquire any rights in any research or developments based in any way on the Client’s information. The Client is not entitled to any compensation for the Client’s information provided to BCDT, regardless of whether BCDT or its contractors use that information to improve, create, prove, or market any goods or services. To the extent that the Client may acquire any right or interest in any research or development through provision of information to BCDT, the Client hereby assigns all such right or interest to BCDT.

3. Warranties and Indemnity

3.1 The Client warrants that he/she is legally entitled to perform any particular act either directly or indirectly in order to obtain, possess, and provide the biological samples for BCDT to perform the Services for the Client.

3.2 The Client agrees to indemnify BCDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, and suppliers against all costs, claims, demands, expenses and liabilities of any nature that may arise from Services provided to the Client.

3.1.1 Data Collection and Storage

3.1.2 While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to, your email address, your name, phone number, and postal address (“Personal Information”). The user authorizes Better Choice DNA Testing Laboratory and its agents, to collect information uploaded to this website. We collect the user’s name voluntarily submitted by the user, email, and phone number. It’s not mandatory to submit a phone number but it is wise to submit an email address to receive your results. We collect this data from the online form you use to submit your contact information. The purpose for collecting this data is to complete the service you’re desiring us to fulfill and deliver your results via email.

3.1.3 We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform Service-related services. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We confirm that any third party with whom we share user data (in compliance with required Data Collection Guidelines) — such as analytics tools, advertising networks, and third-party SDKs, as well as any parent, subsidiary, or other related entities that will have access to user data — will provide the same or equal protection of user data as stated in our privacy policy and required by Data Collection Guidelines. The information is stored in a password-protected web server and password-protected email storage.

3.1.4 Data collected is retained for a period of one year in case the user wants to access their report or loses access to the report we send via email. We will delete user information promptly upon user request. User should email support@betterchoicednatesting.com to request that their information is deleted.

4. Disclaimers and Liabilities.

BCDT DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4.1 BCDT does NOT warrant to the Client: (a) that the Services provided to the Client shall meet the expectations of the Client; or (b) that Services shall be free from minor defects or errors (such as typos or printing errors) that do not materially affect the accuracy of the test results.

4.2 In no event shall BCDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.

4.3 The Client understands and agrees that any and all liability of BCDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by BCDT for such Services. In no event will BCDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers, be liable to the Client, under any theory, in an amount that exceeds the Client’s payment for Services.

4.4 The Client understands that the results of Services may provide startling, disconcerting, or otherwise troubling information. This information may evoke strong emotions and has the potential to alter the Client’s life and worldview. For example, the Client may discover things outside of the Client’s control (e.g., surprising facts related to the Client’s paternity or relations). These outcomes could have social, legal, or economic implications. These implications are entirely the Client’s responsibility and are not in any way BCDT’s responsibility.

5. Third Parties.

A person who is not the Client of BCDT has no right to enforce any of these Terms and Conditions.

6. Governing Law and Choice of Forum.

The construction, validity, and performance of these Terms and Conditions, including interpretation or application of any relevant statute of limitations, shall be governed in all respects by the law of the State of Kansas, USA without regard to any conflict of law rules. Any action concerning the construction, validity, or performance of these Terms and Conditions may be brought only in a court in the State of Kansas, USA. The Client consents to personal jurisdiction and venue in any such courts and agree that venue is convenient in such courts.

7. Refund Policy.

Refunds may be considered at the discretion of Better Choice DNA Testing Laboratory and may be subject to administrative and handling fees. Partial payments and deposits are non-refundable. If a payment is made in full and then the appointment is later canceled it will be subjected to a $25 cancellation fee for after birth DNA testing and a $200 non-refundable cancellation fee for non-invasive before birth prenatal testing. No refunds shall be issued if Services have been completed or if your DNA kit or supplies have been shipped. No refund shall be issued if cancellation of services is made more than 48 hours after payment. All DNA testing services have an estimated completion time listed online and can scientifically never be precise. Results are often finished earlier than expected but can exceed estimated expectations. Once testing is initiated, no refunds will be issued.

8. Guarantee of Accuracy.

8.1 For DNA Testing Services, BCDT guarantees accuracy within standard scientific uncertainty when samples are properly collected and submitted to BCDT for DNA Testing Services. To contest accuracy of the results of DNA Testing Services, the Client must provide a paternity test report from an AABB accredited laboratory supporting the claim within thirty (30) days from CDL’s provision of results to the Client. The sole remedy for inaccurate results is, at BCDT’s discretion, either: (a) BCDT’s reperformance of the DNA Testing Services at no cost to the Client to confirm results, or (b) a refund of the Client’s payment to BCDT for the DNA Testing Services in question.

8.2 The Client must inform BCDT if: (a) the possible fathers are related or (b) any participant has received a blood transfusion or an allogeneic hematopoietic stem cell (HSCT) transplant (such as a bone marrow transplant). BCDT can only offer reliability if such conditions are brought to its attention prior to providing Services.

8.3 BCDT is not responsible for improper or fraudulent submission of self-collected samples. Payments made in concert with efforts to defraud the mouth swab or home DNA testing system will not be refunded.

9. Customer Conduct – Unlawful and Prohibited Use

9.1 The Client agrees and covenants to use the Services only for lawful purposes. The Client will not use the Services for any purpose that is unlawful or that is prohibited by these Terms and Conditions.

9.2 The Client will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.

9.3 The Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

9.4 The Client may not use the DNA Testing Services outside of the country to which the sample collection kit was shipped.

9.5 BCDT has the right to suspend or terminate the Client’s account and to refuse continued or new Services to the Client for the Client’s breach of the Terms and Conditions.

If you have any questions about this Terms and conditions, please contact us via email support@betterchoicednatesting.com