Terms and Conditions of Service 2018-06-06T13:03:23+00:00

Terms and Conditions of Service

Please read these Terms and Conditions of Use carefully. By using this website, and/or any services provided by Bio-Gene DNA Testing, LLC, whether by phone or through one of our websites, you agree that you understand, accept, and are bound by these Terms and Conditions, including all amendments made from time to time. If you do not agree to these Terms and Conditions, you agree not to use this website or its services.

Intent

Bio-Gene DNA Testing, LLC (hereafter referred to as Bio-Gene or Bio-Gene DNA), and any other web domain names operated by Bio-Gene DNA or it’s parent company, 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 only. Our services are 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, the use and/or 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 any person whose sample is being testing in these cases. All testing services, or additonal services, are prepaid prior to any action on the part of Bio-Gene DNA. Bio-Gene DNA does not accept any samples or requests for testing prior to payment, and will refuse to test any samples not ordered or paid for, or ship any collection kits, or provide a Make Your Own Kit (MYOK) submission letter, prior to payment in full.

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.

Chain of Custody (“Legal”) DNA Testing

Legal DNA testing results are available through Bio-Gene DNA testing and our affiliate AABB accredited laboratories. AABB requirements state that a third party, who has no interest in the outcome of the testing, must receive the legal DNA kit(s). Bio-Gene DNA may be requested to send a legal DNA kit(s) to a certified collector/collection site based on the zip code provided on the order form. There is no guarantee of a collection site in every zip code. We will send the kit to the closest location in this case and notify the ordering party of the location, via email, after the kit(s) has been shipped. The responsibility of paying any collection fee to the person performing the collection belongs to the person being tested, or the person ordering the test.  Bio-Gene DNA is not reponsible for any collection fee. If we are notified by the collector that a collection fee is due and has not been paid, testing will be halted or results not released, until payment to the collector is made.

In the event the ordering party chooses to have the collection kit sent to a party of their choosing, and that party is not a certified DNA collector, Bio-Gene DNA will make web based training available at no charge for the collector. The collector will need to be certified through this training, if they are not already certified, prior to the collection. This training is only made available after an order for legal testing is placed and paid for.

Service Fees and Testing Information

There will be a cost for any additional services that are needed and that are not included in the initial order. The following fees will apply in all cases when, in the sole determination of Bio-Gene DNA, it is necessary to complete the testing ordered. All fees are prepaid and non-refundable.

Re-activating an account once it has been declared inactivate or closed: $100.00

Repackaging/Re-sending samples delivered to a non-laboratory address: $45.00

Replacement Kits (USA): $25.00 which includes domestic shipping only via USPS Priority Mail

Replacement Kits (International): $50.00 (includes shipping via USPS International Priority Mail)

Private Mailed Report: $35.00 (includes domestic USPS Priority shipping only).

Testing any additional submitted sample after the first DNA sample, even if such sample failed to yield a DNA profile: $125.00 per additional sample

Testing bone samples (other than teeth): $575 per sample in addition to standard stated testing charges based on the testing ordered

Administrative fee for changing information on test orders or changing the information needed by the lab to compete testing: $25.00 per 15 minute segment.

Disclosure of Account Information

Bio-Gene DNA requests that the ordering party provide a password on the order form when placing a request for testing. This password will be needed to access any case information online. 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 over the phone. All requests for information concerning a case must be submitted on a support ticket. Any phone calls regarding current cases will be referred to the support form.

The reason for this is as follows:

  1. We value your privacy. By requesting all communication be via email to the email address provided at the time of the order, we seek to eliminate the possibility of any unauthorized person or persons obtain information they do not have a right to;
  2. We use the written communications as part of your case file. This allows us to review in an objective manner any issues that may arise on your case and helps eliminate communication errors before and after the case is completed.Support tickets are answered in most cases within 24 hours during regular business hours. By using this website you agree to this method of communication and understand our reasons for doing so.

Business Hours:

Our current business hours are located on the Contact Us page of this website. All times are based on the Pacific Standard Time Zone.

Private Testing Results

Each private test includes one digital report that will be electronically provided to the ordering party on a private client page that will be created once all samples have arrived at the lab that are to be tested. In the event any additional services are requested, and that Bio-Gene DNA chooses to provide, additional fees will apply. Please see the section titled Service Fees and Testing Information above for a list of additional fees. A report is considered delivered once it has been posted and an email notification is sent to the email address associated with the order.

Specific results are not guaranteed. In most cases a conclusive result can be obtained, however as we are unable to determine what each genetic profile is prior to receiving the DNA sample, this cannot be guaranteed. There are a small number of cases that may require additional alleged or known family members to be added to the case for a stronger result.

If possible, it is always recommended to include/test a known parent of the child in question to a first-order index test to allow the most conclusive results possible. Sibling, grandparent, avuncular, and paternity testing may add the mother at the time of the order at no additional cost. If additional parties are added after the testing has been completed, there will be additional fees for testing.

First order index tests include the Avuncular, Grandparent, and Sibling test. First order index tests are typically used to determine the percentage of probability that two people share a biological relationship. The test is strictly a statistical analysis of the biological material two people have in common. The results of a first-order index test will determine whether two people are more or less likely to be related based on the genetic material exhibited by each person and the result will determine an avuncular, grandparentage or siblingship index.

Sibling test results provide a probability of relationship between one known sibling and one or more additional siblings. If two or more of the individuals performing a half sibling test are first cousins, there is a possibility that a false inclusion may occur due to the high percentage of DNA shared between those two relationships. A direct paternity test with both suspected fathers in these cases is encouraged to be performed in place of a sibling test when a cousin relationship exists.

Grandparent and avuncular testing results show the probability of relationship between a child (minor or adult) and a suspected relative (grandparent or aunt or uncle).

If the index is less than 1.00, this indicates likelihood of non-relatedness. If the index is greater than 1.00, this indicates that the two tested individuals are more likely to be true biological relatives: The higher the value of the index, the greater the likelihood that the two individuals are true biological relatives.  First-order index tests may not provide conclusive results in some cases.

Case Completed or Closed

A case is considered completed and closed upon electronic 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. Any changes must be submitted in writing through a support ticket for changes to personal information.

Results are available for thirty (30) days from the date of the results being posted, and are located in the secure client portal. All results are deleted from our system and are no longer available after that time, to ensure privacy of your inforamtion.

Alternate Sample Submission

Any sample submitted for DNA testing other than a buccal/cotton swab or blood card (FTA 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, family relationship test, or prenatal non-invasive paternity test), you have 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 $100.00 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 our decision is final. There are no refunds for accounts that have become inactive.

While in some cases Bio-Gene DNA does provide a prepaid return mailer to USA addresses , it is the sole responsibility of the ordering party to make certain that the DNA samples arrive at the lab during this time period. Bio-Gene DNA is not responsible for any samples that do not arrive in the time frame stated above. It is the ordering parties responsibility to record any tracking information on return mailers for the determination if they have been delivered to the lab. Bio-Gene DNA does not record return mailer tracking numbers nor is responsible for providing such tracking numbers on the clients page.

Replacement Collection Kit

In the event that you lose or damage your Bio-Gene DNA Collection Kit, and delivery confirmation through the USPS website verifies delivery of the kit, a replacement kit will be issued for $25.00. The ordering person will need to submit a support ticket and instructions will be provided if this step is necessary.

Processing Time

The average turnaround time for paternity/maternity or relationship testing is approximately 2 to 5 working days, depending on the test, from the date that the specimen is received by the laboratory. 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/kinship 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. Please note that in some cases of incest a clear determination cannot be determined and Bio-Gene DNA reserves the right to not perform the testing.

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.

In the case of alternative samples, a viability test may need to be performed prior to the actual testing. This is at the discretion of the testing laboratory. Viability testing time is in addition to the time frames stated above.

Non-Compliant Samples

By submitting the sample, the customer agrees that they have complied with the sample collection instructions provided in the kit or on our website. If we find out during or after testing has been completed that your sample or any required documentation 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 for non-compliance. 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 as testing has been conducted.

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. In the event the kit is returned as undeliverable, and a payment for the new kit is not provided, the returned kit will be refunded per our Refund Policy for the time and expense incurred by Bio-Gene DNA in the preparation and expense of the kit, shipping, and adminstrative costs.

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(s) or receiving from Bio-Gene DNA a Make Your Own Kit submission letter.

Informed Consent

By submitting a sample for analysis, you as the customer warrant that you have the right to take and submit such samples for DNA testing and that you 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 75% of the test cost will be provided.

Refunds are not issued under any circumstance for Make Your Own Kit orders once the Make Your Own Kit submission letter has been sent. Submission letters are a digital download and cannot be returned or reused. The time stamp showing the email was sent with the Make Your Own Kit information will be proof that the Make Your Own Kit letter was sent.

Unused testing kits, including the prepaid return mailers, may be returned within 30 days of the date of the original order. A refund of 50% of the lab processing fee will be provided within 7-10 business days. Postage/shipping is not refundable under any condition. All materials must be unused. Postage for returning the kit is the responsibility of the sender. If multiples kits were requested at time of the order, all kits must be returned before a refund is issued. Any materials used will be cause to deny the refund. It is suggested that a tracking number be obtained for the returned item as proof of delivery.

Testing is considered to have begun upon the using of any material inside the kit and the mailing of the kit or any DNA samples for testing. DNA test kits are not returnable and not reusable once any material has been used and there will be no refund under any condition.

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 letters 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.

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. It is also understood and agree to that there are no exceptions to this policy.

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. Bio-Gene DNA is not reponsible for any delays from the USPS or delays from any country outside the United States once the order is shipped.

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 prepaid envelope in Bio-Gene DNA testing kits to USA addresses. 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 $10.00 will be required to be paid prior to the release of testing results.

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 DNA 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.

Bio-Gene DNA Testing, LLC Details

Bio-Gene DNA Testing LLC is registered in the State of Oregon. You can contact Bio-Gene DNA Testing, LLC by email at info [at] biogenednatesting.com or by written correspondence sent to Bio-Gene DNA Testing, BG Plaza, 3800 SW Cedar Hills Blvd, Ste. 152C, Beaverton, OR 97005.

Paternity Order

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