TERMS & CONDITIONS
MEDICAL DNA CLINIC INC. (“DNA MEDICAL CLINIC”) offers genetic testing and other related services in the field of personalized medicine. This document states the terms and conditions of the Services (the “Terms of Service”). Since it is your responsibility to be fully informed, please read the Terms of Service carefully. By using the Services, by paying for the Services, by submitting a saliva sample, by logging in to the DNA MEDICAL CLINIC portal or by clicking on an acceptation checkbox, you signify your acceptance of the Terms of Service. The Terms of Service that govern the payment and collection of the sample are those in effect when you purchase a Service of submit a sample. The Terms of Service that govern the use of the Services are the Terms of Service in effect each time you access or use those Services. There are no refunds except in accordance with the Refund Policy.
- Description of the Services
DNA MEDICAL CLINIC Nutrition Profile
A personalized genetic report that describes how your genes may affect your response to various nutrients and how you could improve your nutrition.
DNA MEDICAL CLINIC Pharma Profile
A personalized genetic report that includes recommendations about the choice and dosage of certain medications in order to improve their efficacy and reduce the risk of side effects. With your permission, your DNA MEDICAL CLINIC Pharma Profile report can be shared with the physician and/or pharmacist of your choice and be integrated into your medical record in order to personalize your future treatments.
Collectively referred to as the “Services.”
As research and scientific knowledge evolves the Services offered by DNA MEDICAL CLINIC may be adapted, modified or updated. You hereby recognize and consent that the Services rendered to you by DNA MEDICAL CLINIC could occasionally change at the discretion of DNA MEDICAL CLINIC, without warning or notice.
- Acceptance of the Terms of Service
Your use of DNA MEDICAL CLINIC Services is subject to the terms of the legal agreement between you and DNA MEDICAL CLINIC set forth in these Terms of Service. To use the Services, you must first agree to the Terms of Service. You may not use the Services if you do not accept the Terms of Service. The use of the Services includes, but is not limited to, the submittal of a sample, the payment for a Service (whether the payment is made to DNA MEDICAL CLINIC directly or to one of its partners or distributors), the consultation of the results for yourself or for another person, or the connection to the DNA MEDICAL CLINIC Portal. You may be asked by DNA MEDICAL CLINIC to accept the Terms of Service by clicking to accept or agree to the Terms of Service. There might be other rules or guidelines for the Services that might be posted by DNA MEDICAL CLINIC from time to time and they will all be recognized as being part of and hereby incorporated the Terms of Service.
- Customer Representations
By using the Services, you agree to, acknowledge or represent the following:
You are of legal age in your province or territory of residence and are providing a sample of your own saliva to DNA MEDICAL CLINIC, or you have the parental authority for a minor of seven (7) to eighteen (18) years old providing a sample of his or her saliva to DNA MEDICAL CLINIC, or you are eighteen (18) years or older and are the legal representative of a person eighteen (18) years or older that has been declared unfit and that you are providing a saliva sample.
Any information provided to DNA MEDICAL CLINIC by you is accurate to the best of your knowledge.
You understand that the provided Services to you are based on currently available information and research methods and that the results of the Services may vary as research methods improve over time.
You understand that the Services are not intended to diagnose, prevent or treat any medical condition or disease or to evaluate the state of your health, and that the Services are provided to you for informational and educational purposes only.
You will use the Services solely for your own personal, non-commercial use, and will not use the Services for any other purpose including, without limitation, any purposes that are unlawful or prohibited.
You take full and entire responsibility for any use of the results of the Services by you or by individuals to whom you disclose such results.
DNA MEDICAL CLINIC takes the protection of your confidentiality and personal information seriously. However, for the purpose of providing and managing the Services, DNA MEDICAL CLINIC will have to collect and use your personal information including your name, date of birth, medication list, and genetic information. Your personal information will not be used or disclosed by DNA MEDICAL CLINIC for any other purpose unless (a) your consent is first obtained, and/or (b) the use or disclosure is permitted or required by law (c) the information is made anonymous and used only for research purposes in the fields of genetics.
A file containing your personal information will be kept on DNA MEDICAL CLINIC’s secure servers and accessible only to DNA MEDICAL CLINIC’s employees and agents who require it for the purposes of their duties. Your personal information may be transferred to our service providers or partners (including but not limited to laboratories, distributors, medical clinics or pharmacies) and other parties or partners who provide services on behalf of DNA MEDICAL CLINIC and who are also restricted from using or disclosing information for any purpose other than to provide the services they are contractually obligated to provide to DNA MEDICAL CLINIC. Some of these service providers may be located outside of Canada, including in the United States. Measures DNA MEDICAL CLINIC may use to protect your personal information while it is being processed by its service providers are subject to the legal requirements of the foreign jurisdictions where your personal information is transferred, including lawful requirements to disclose personal information to government authorities in certain circumstances.
- Risks Associated with the Services
None of the Services or procedures used in relation to the performance of the Services are considered invasive or experimental. While DNA MEDICAL CLINIC is not aware of any physical risks associated with the use of the Services, you acknowledge and agree that certain types of emotional, financial, and other risks and considerations must be evaluated when you decide whether or not to use the Services. You may want to consult a lawyer to better understand the risks and protections. In particular, you acknowledge the following:
With your permission, an insurer may access the results of your genetic test. It is however unlikely that your insurance coverage can be affected based on the results obtained from the Services since the Services are non-diagnostic and do not predict any disease or health condition.
The laboratory process may result in errors. These errors are generally caused by the limits of science and technology. Even if these processes are carried out according to “good laboratory practices”, some data generated during the laboratory process may be incorrect or not suitable for interpretation (“Errors”). As this possibility is known in advance, clients are not entitled to refunds where these Errors occur.
Your genetic data, various health information, and/or personally identifying or identifiable information may be stolen in the event of a security breach. Although DNA MEDICAL CLINIC cannot provide a 100% guarantee that your data will be safe, DNA MEDICAL CLINIC has policies and procedures in place to minimize the possibility of such a breach.
There may be additional risks related to the Services, which are currently unforeseeable.
- Intellectual Property
You acknowledge and agree that DNA MEDICAL CLINIC and its licensors or service providers hold and will continue to hold all right, title and interest to the Services, including any patents, trade-marks, copyrights, trade-secrets and any other intellectual property rights which subsist in the Services, whether or not such rights are registered. DNA MEDICAL CLINIC allows the Services to be utilized solely for your own personal, non-commercial use. Any other use, reproduction, distribution, display, performance or adaptation of the Services, including any documentation provided to you in relation to the Services, requires prior written permission from DNA MEDICAL CLINIC or its service providers. You may not use DNA MEDICAL CLINIC’s trade names, trademarks or service marks for any purposes.
- Payment Terms
The provider of the test, whether it is a distributor, partner or other provider, sets the price of each specific Service. Payment for the Services must be made according to the conditions and time limits established by your DNA MEDICAL CLINIC representative.
- Term and Termination
This Agreement begins immediately when you first used or paid for the Services, or when you submitted a saliva sample, or logged on the DNA MEDICAL CLINIC portal or clicked on an acceptation checkbox, whichever event occurs first.
Either you or DNA MEDICAL CLINIC may terminate this Agreement at any time and for any reason by providing sixty (60) days prior written notice of termination to the other party. Notwithstanding the foregoing, DNA MEDICAL CLINIC may terminate this Agreement without any prior notice in the event you fail to comply with the terms and conditions set out herein.
Notwithstanding the Termination of the Agreement, all the legal rights, obligations and liabilities specified in sections 1 to 17 shall continue to apply.
You understand that it is important for you to keep your personal information accurate and up-to-date, and to notify DNA MEDICAL CLINIC of any changes to your personal information, which may affect the provision of the Services. You may request to have access to the file containing your personal information and to correct your personal information by contacting DNA MEDICAL CLINIC at firstname.lastname@example.org or at 1 833 778-8926.
DNA MEDICAL CLINIC may notify you by email or physical mail to the addresses you provided to DNA MEDICAL CLINIC. You may give notice, including notice of a change of your email or mailing addresses, to DNA MEDICAL CLINIC at any time via email to email@example.com or by letter delivered to 273, rue Bruyère, Ottawa, Ontario, K1N 5E5.
10.1 Medical Disclaimers
Nothing contained in these Terms of Service or communicated to you by DNA MEDICAL CLINIC in connection with the Services may be construed or interpreted, directly or indirectly, as the practice of medicine or dispensing of medical services by DNA MEDICAL CLINIC. The Services are provided to you solely for informational and educational purposes. DNA MEDICAL CLINIC does not provide any medical advice, analysis or diagnosis. If you are seeking advice or if you wish to obtain a diagnosis, treatment, analysis or any medical advice you should contact your physician or other health care provider.
10.2 General Disclaimers
You acknowledge that your use of the Services is at your sole and entire risk, and that you assume full responsibility for all risks associated with the Services or results therefrom. The Services are provided “as is” without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law DNA MEDICAL CLINIC and its shareholders, affiliates, directors, officers, managers, employees or other representatives (collectively, “DNA MEDICAL CLINIC parties”) hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, DNA MEDICAL CLINIC and the DNA MEDICAL CLINIC parties make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services.
- Limitation of Liability
In no event shall DNA MEDICAL CLINIC or any of the DNA MEDICAL CLINIC parties be liable for any special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation, lost profits and opportunity costs) arising out of the performance of the Services. To the fullest extent allowed by applicable law, the liability of DNA MEDICAL CLINIC and the DNA MEDICAL CLINIC parties for direct damages will be limited to the aggregate fees paid by you to DNA MEDICAL CLINIC in consideration for the Services provided. The provisions of this section apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort or extra-contractual liability or otherwise. For the avoidance of doubt, and to the fullest extent allowed by applicable law, no compensation or treatment shall be available to you in the event an injury occurs as a result of the performance of the Services.
You agree to indemnify, defend and hold harmless DNA MEDICAL CLINIC and any of the DNA MEDICAL CLINIC parties from and against any and all claims, losses, damages, judgments, costs and expenses, including attorneys’ fees incurred directly or indirectly by DNA MEDICAL CLINIC or the DNA MEDICAL CLINIC parties arising out of or relating to (i) your use of the Services; (ii) your breach or violation of any provision of these Terms of Service; or (iii) your breach or violation of any applicable law.
- General provisions and Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be modified, if reasonably possible, only to the extent necessary to make it enforceable.
- Entire Agreement
This Agreement, together with any DNA MEDICAL CLINIC rules or policies provided to you through the course of the Services, represents the entire agreement between you and DNA MEDICAL CLINIC concerning the subject matter hereof, and replaces all prior oral or written communications concerning such subject matter.
You may not assign, transfer or delegate this Agreement or any part of it without DNA MEDICAL CLINIC’s prior written consent. DNA MEDICAL CLINIC may freely transfer, assign, subcontract or delegate all or any part of this Agreement, and any rights and duties hereunder. This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of each of the parties.
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Service, shall not be considered a waiver thereof, which can only be made by a signed writing. No single waiver shall be considered a continuing or permanent waiver.
- Governing Law and Jurisdiction
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein (without regards to conflicts of law principles). The parties irrevocably submit all disputes arising out of or relating to this Agreement to Ontario courts, judicial district of the City of Ottawa to the exclusion of any other tribunal. The English version shall prevail.
For all questions, relative to the Agreement, you can contact firstname.lastname@example.org or call 1 833 778-8926 to speak with a DNA MEDICAL CLINIC representative.
If you change your mind about purchasing one of our Services and cancel before we prepare and ship your order, we will reimburse you the total purchase price after subtracting the transaction fees.
If we have already prepared or shipped your order, and only if the sample has not yet been received at our laboratory, we will refund the balance of the total purchase price after subtracting the shipping, handling and collection kit fees.
The shipping, handling and collection kit fees are currently fixed at 50.00$. The transaction fees are fixed at 10.00$. The price for the shipping, handling and collection kit fees and the transaction fees may be updated at any time by BIOGENIQ.
A reimbursement is only possible if no more than thirty (30) days have passed since the order was placed.
If the transaction was made through one of DNA MEDICAL CLINIC partners, DNA MEDICAL CLINIC will not refund you and you need to contact the DNA MEDICAL CLINIC partner where the purchase was made to inquire on their refund policy.