By using this website and the services provided through this website, or by telephone to Bio-Gene DNA Testing, LLC, you agree to be bound by these Terms and Conditions, including all amendments made from time to time.
Intent
Bio-Gene DNA Testing (hereafter referred to as Bio-Gene or Bio-Gene DNA), and all web domain names operated thereunder, is intended to provide you with DNA testing services. The DNA test reports are intended to provide you with laboratory test results to be used by you for your personal use. This service is not intended to provide you with any medical or legal advice. We assume no responsibility for how you use the information you obtain from this site and its services.
Use of this Website and its Services
You may use this website and the services provided for your personal, non-commercial purposes. This website is intended for use by individuals who are over 18 years of age. Bio-Gene DNA is not responsible for any misuse of this site, intentional or non-intentional.
Limitations of Liability and Disclaimer
Bio-Gene DNA and its contractors, testing facilities and laboratories, and their respective vendors and employees are not liable in any way for any damages, costs or expenses incurred for any reason in connection with the use of Bio-Gene DNA products or services, or in connection with the DNA tests, or the use and disclosure of the test results or other personal information. In respect to direct loss, the total liability for any and all claims, whether arising from negligence or otherwise, shall not exceed the price of the amount paid, if any, directly to Bio-Gene DNA for its service.
Right to Refuse Testing
Bio-Gene DNA may, with or without cause, with reason or without any particular reason, choose not to provide it's testing service to any individual or group of individuals at any time, even if one or more persons has submitted samples to be tested against that person or persons that Bio-Gene DNA declines to provide services to. There will be no refund due to the party whose sample is being testing in these cases.
Prenatal Non-Invasive Testing
In addition to the cost of the DNA testing kit, there may be an additional fee for the blood draw for the mother. Any such fee is the responsibility of the ordering party or the person being tested and is not the responsibility of Bio-Gene DNA. In addition, Bi0-Gene DNA may, as a courtesy only upon written request, provide suggested locations for the DNA blood collection for the mother. It is understood and agreed to that these suggestions are independent companies or individuals who are not an agent or employee of Bio-Gene DNA and set their own prices, hours, and terms of collection if any. Bio-Gene DNA does not schedule DNA blood collections, and it is the responsibility of the ordering party or client to find and make arrangements for the collection of blood samples.
Indemnity
You agree to indemnify and hold harmless Bio-Gene DNA and its affiliated companies, suppliers, partners, directors, officers, agents, employees and representatives of each of them, from and against all claims, losses, costs and legal fees arising out of your activities in connection with your use of this site and its services, any violation of the Terms and Conditions for using this site, and any content that you make available on Bio-Gene DNA sites including but not limited to any violations of copyright or trademark or the rights of any party. You are not permitted to copy or distribute any materials presented to you on the Bio-Gene DNA site, including but not limited to logos and text. Logos are Trademarks and service marks of Bio-Gene DNA and all text is copyrighted material. This site and services associated with this site are provided by Bio-Gene DNA without any representations or warranties of any kind regarding the operation of this site and the content contained in this site. Bio-Gene DNA makes no representations concerning the suitability, reliability or accuracy of the contents of its site or the contents posted by users to the site, or the testing results for any particular purpose. In no case will Bio-Gene DNA be liable for any damages of any kind arising from the use of this site and its services, including direct, indirect, punitive damages, even if advised of the possibility thereof. Bio-Gene and its affiliated companies disclaim all warranties with respect to the site and any content contained thereon and the submissions and any responsibility to archive or maintain such submissions.
Bio-Gene DNA reserves the right, at its sole discretion, to terminate your use of Bio-Gene DNA sites and services for any reason, including a belief by Bio-Gene DNA or its Representatives that you have violated these Terms and Conditions. Termination can include deletion of your account and all related information associated with your account. Any rights and access you may have to your account terminates upon your death. Upon your death, your account may be terminated and all contents therein permanently deleted. Bio-Gene DNA is not liable to you or to any third party for any termination of your services and/or deletion of your content from the Bio-Gene DNA site.
Service Fees and Testing Information
Additional Services:
Re-activating an account once it has been declared inactivate or closed: $75.00
Repackaging/Resending samples delivered to a non-laboratory address: $25.00
Replacement Kits (USA): $25.00 which includes domestic shipping only via USPS Priority Mail
Replacement Kits (International): $45.00 (includes shipping via USPS International Priority Mail)
Private Email Reports (after the first copy sent): $10.00
Private Mailed Reports (paid prior to results being delivered): $10.00 per address (USPS First Class).
Private Mailed Reports (after case is closed): $25.00 (includes domestic USPS First Class shipping only).
Testing any additional submitted sample after the first DNA sample, even if such sample failed to yield a DNA profile: $125.00
Testing bone samples (other than teeth): $450
Disclosure of Account Information
Bio-Gene DNA requests that the ordering party provide a password on the order form, or at the time an order is placed over the phone. This password must be used by any party who wishes to discuss testing results or obtain information on the case. Bio-Gene DNA is not liable for any unauthorized use by any party of the password assigned to the account by the ordering party. Please choose a password that only you know and that is secure. Bio-Gene DNA will not, under any circumstance, discuss a case or testing results with any person, including the ordering party, without the password being provided. We will allow two attempts at providing the password when wishing to discuss the case or results. Failure to provide the proper password after two attempts will results in the call being terminated for failure to identify an authorized party. It is the sole responsibility of the ordering party to remember the password that chosen.
Private Testing Results
Each private test includes one digital report that will be electronically provided to the ordering party. After the case has been completed and and/or closed, additional costs will apply. Please see the section titled Service Fees and Testing Information above for a list of fees.
Case Completed or Closed
A case is considered completed and closed upon electronic delivery/posting of testing results. Bio-Gene DNA is not responsible for e-mail addresses that have been changed or are no longer valid to receive notification of results being completed. It is the sole responsibility of the ordering party to provide any updated information, along with proof of identify when requesting a change, as may be required at Bio-Gene DNA's sole discretion.
Alternate Sample Submission
Any sample submitted for DNA testing other than a buccal/cotton swab or blood card from a certified Medical Examiner is considered an alternative sample. Bio-Gene DNA is not responsible for the quality or suitability of any such sample submitted. Different samples have various degrees of success when performing DNA tests and it is agreed that by submitting such a sample that the person submitting the DNA sample understands that there may be times that insufficient DNA profiles may be obtained from the samples submitted, and that by examining the DNA sample provided, whether successful or not, the testing has been completed. If an additional sample is desired to be sent there will be an additional fee charged prior to testing for the new DNA sample.
Time Allowed For Returning Samples
After purchasing a Bio-Gene DNA Relationship Test Kit (i.e. paternity test, maternity test, sibling test, grandparent test, avuncular test, etc.), you have up to 90 days to use your kit and send your samples back to Bio-Gene DNA for testing. If the samples are not received and testing is not initiated within 90 days of the purchase date, your account will become inactivate. A $75.00 reactivation fee will apply to reactivate your account once it has become inactivate. The option to reactivate an account is at the sole option of Bio-Gene DNA and that decision is final.
Replacement Collection Kit
In the event that you lose or damage your Bio-Gene DNA Collection Kit, a replacement kit can be issued for $25, plus shipping.
Processing Time
The average turnaround time for paternity/maternity or relationship testing is approximately 2 to 5 working days from the date that the specimen is received by the laboratory. Prenatal non-invasive paternity testing is 5-7 working days on average. As with any biological testing, some exceptions may occur. The typical reasons for extended testing are:
-Poor sample quality. If the swab submitted to the laboratory has low amounts of DNA due to improper sample collection or poor mouth conditions (e.g. excessive drinking, chewing gum, dry mouth, heavy smoking, etc.), the turnaround time may increase or a recollection may be required.
-Mutation. If a mutation is detected in the genes shared by the alleged father and child, additional testing may be required.
-Low paternity index. If the genes shared by the alleged father and the child are very common, a low paternity index may be obtained. In such a situation, additional testing may be required and will result in an increased turnaround time.
-Incest or related alleged fathers. In cases of incest (i.e. where the alleged father is also the father or brother of the mother), or in cases where two or more possible fathers of the same child are closely related to each other (i.e. where the possible fathers of the child are father and son pairs or brothers), additional testing and analysis may be required and will result in an increased turnaround time.
The priority of the laboratory is the quality of the testing and the absolute accuracy of the results.
The 2-5 business day turnaround time cannot be guaranteed if an exception is encountered, and the laboratory will not under any circumstances sacrifice the quality of the test in order to speed up the turnaround time. If additional testing is required, the test may take more than 2 to 5 working days.
Non-Compliant Samples
By submitting the sample, the customer agrees that it has complied with the sample collection instructions provided in the kit. If we find out during or after testing has been completed that your sample is non-compliant because the instructions were not followed, or if the samples have been deliberately tampered with, the file will be closed and a report will be sent out "as is". There will be no refund of fees paid under any condition. If additional testing is requested, the full cost of a new test will be charged.
Mutations
Mutations are rare, but are detected in approximately one in 500 individuals. If a mutation is detected in the DNA of an individual tested, it may sometimes not be possible to obtain a conclusive result. The mutation will be indicated in the results report and the report will be issued "as is". The full amount of the testing will be charged.
Incorrect Shipping Address
If an incorrect address was provided in the order form and the kit must be to be re-delivered as a result of the incorrect address provided, the cost is $25 for the replacement kit plus shipping.
Method of Payment
The following methods of payment are accepted: Visa, MasterCard, Discover, and American Express. Pre-paid cards with the MasterCard or Visa logo may also be used. Payment must be made in full of any outstanding charges before the results of the DNA test are released to the customer.
Payment for testing and DNA test kits is due prior to shipping a DNA test kit or receiving from Bio-Gene DNA a Make Your Own Kit submission form.
Informed Consent
By submitting a sample for analysis, the customer warrants that it has the right to take and submit such samples for DNA testing and that it provides Bio-Gene DNA and its testing laboratory with authorization to conduct the DNA testing on the samples. By submitting a sample for testing you warrant that either you are the owner of the sample or have full authority by the owner of the sample to submit the sample for testing. Minors must have approval and consent from their legal guardian.
DNA Samples Cannot Be Returned
Once a DNA sample is submitted to the Laboratory, it will be consumed for the purpose of the DNA test. The sample will not be returned to the submitter.
Refund Policy
Bio-Gene DNA has a strict policy concerning refunds. Upon ordering, each test kit is custom made for each client and cannot be used by any other person. In addition to the cost of preparing the test kit or submission form, processing time is scheduled for testing the samples, and a number of other administrative costs are incurred. If a written request for a refund is made prior to the DNA test kit being shipped or a Make Your Own Kit submission form being emailed to the ordering party, a refund of 50% of the test cost will be provided. Refunds are not issued under any circumstance once a DNA test kit has been shipped or a Make Your Own Kit submission form has been sent and testing is considered to have begun upon mailing of the kit. DNA test kits are not returnable and not reusable. Prenatal blood collection kits are non-returnable and not reusable. Submission letters are considered a digital download and cannot be returned or reused.
A DNA kit is considered shipped upon the generation of tracking number from the USPS or carrier of Bio-Gene DNA's choice. Proof of the time of shipping will be the date stamp and time of the label generated. Make Your Own Kit submission information will be considered sent once emailed. The time stamp and date of the email being sent will be proof of the date and time it was sent. Refund requests that are received after a DNA kit is shipped or a submission form emailed are not eligible for a refund under any condition. If any test is purchased at a promotional price it is not eligible for a refund under any condition. Upon ordering testing services, either by phone or on a Bio-Gene DNA owned website, all customers agree that they are familiar with, and agree to abide by, the Bio-Gene DNA refund policy and understand that all testing fees are final.
Shipping
Order processing may take between 1-3 business days although every effort is made to process and mail testing kits the same business day when ordered prior to 3:00 PM EST on regular business days. You can expect to receive your testing kit from 2-14 business days depending on the location you requested your kit to be shipped to (domestic receipt of orders is usually 2-3 business days, orders shipped outside of the U.S.A, may arrive between 6-14 business days). Orders are not processed, shipped, or delivered on weekends or holidays. We will make every effort to ship your package as quickly as possible.
Duty and Taxes
For international orders, a customs duty may be incurred (the amount of which is determined by your country of residence). This is the sole responsibility of the person ordering a DNA testing kit. Any delays due to Custom's regulations is out of our control and not the responsibility of Bio-Gene DNA.
Domestic orders are shipped via USPS Priority Mail. International orders are shipped USPS International Priority Mail. Please be aware that once we ship your item, it is out of our control. We are not responsible for any lost packages. Upon shipment, you will receive a confirmation email with your tracking number by the USPS. For domestic and international orders, you can track your package at USPS.com. Once your order has shipped, please directly contact USPS with any inquiries about the status of your package.
Bio-Gene DNA is not responsible for unexpected shipping delays caused by circumstances such as severe weather or natural disasters. Similarly, we are not responsible for unexpected shipping delays caused by circumstances related to the courier itself, such as clearance delays. In cases such as these, please directly contact your courier with any inquiries about the status of your package.
In the case that USPS is unable to deliver a package due to an incorrect address entered by the customer, the customer's refusal to pay duties, multiple failed attempts to reach the customer at point of delivery, or otherwise, Bio-Gene DNA is not responsible for payment of return shipping costs levied by the courier. Similarly, Bio-Gene DNA is not responsible for the payment of re-shipping the merchandise to the customer. In cases such as these, the customer is responsible for all shipping costs associated with returned packages due to failed delivery.
Bio-Gene DNA provides a USPS First Class prepaid envelope in Bio-Gene DNA testing kits. If the samples returned from the client to Bio-Gene DNA are determined by the USPS to require additional postage, it is the responsibility of the client to pay such postage prior to mailing. In the event the USPS determines such samples were mailed requiring additional postage that was not paid, and Bio-Gene DNA is required to pay such postage, the cost of the additional postage and an administrative fee of $5.00 will be required to be paid prior to the release of testing results. Even though a prepaid return mailer is included in the kit, it is the final responsibility of the ordering party to ensure the DNA samples arrive at the designated testing address.
Governing Law & Jurisdiction
The Agreement shall be governed by the laws of the State of Oregon, United States of America. You agree to the exclusive jurisdiction of the Oregon courts.
Modifications to the Agreement and the Service
Bio-Gene reserves the right at its sole discretion to modify or discontinue any aspect of this site and the services it provides, these disclaimers, this agreement, and the terms and conditions of this agreement at any time without notice. Any changes to this agreement will be reflected in this section of the Bio-Gene DNA. If you continue to use Bio-Gene DNA services after a change is posted to the Terms and Conditions section of the Bio-Gene DNA website, this means that you have accepted and are bound by the changes.
