Effective as of January 4, 2013
1. Use of this Website
This website is owned and operated by Orchid PRO-DNA (or the “Company”). The information provided on this website is for general informational purposes. Certain sections of this website are intended for particular audiences including Orchid PRO-DNA's customers, as well as members of the healthcare community and the general public. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. Material on this website may not be copied, reproduced, republished, uploaded, transmitted, posted, distributed or modified in whole or in part, whether in text, graphical, audio, video or executable form, except with the prior written consent of Orchid PRO-DNA.
2. Exclusion of Warranties
Orchid PRO-DNA makes no representation or warranty regarding the functionality or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Orchid PRO-DNA DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.
In no event shall any member of the Orchid PRO-DNA group of companies or its affiliates or respective employees be liable for any damages whatsoever resulting from or arising out of or in connection with the use or performance of this website. Some jurisdictions do not allow for the exclusion of implied warranties so the above exclusion may not apply to you. For more information on Orchid PRO-DNA, please contact us.
3. Limitation of Liability
NEITHER Orchid PRO-DNA WILL BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS OR OTHERWISE (INCLUDING EQUITABLE REMEDIES), OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. This limitation of liability will not apply to claims relating to death or personal injury. Your sole and exclusive remedy is to discontinue using and accessing this website. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.
4. Refund policies
- No refund can be given once the laboratory has started the DNA service.
- Customers who wish to cancel a purchase prior to testing can be refunded for the total amount minus an administrative fee of $125. Customers will need to return, at their expense, the sampling kit.
- No refunds after 3 months following the purchase date.
5. Payment Procedures
Unless otherwise indicated, the laboratory requires full payment for all tests prior to sending the sampling kits and/or starting the tests. Payment may be made by VISA, MasterCard, postal money order, certified cheque or cash. Certified cheques and postal money orders must be made payable to Orchid PRO-DNA and mailed to 3885 Industriel Blvd., Laval, Quebec, Canada, H7L 4S3. Unless otherwise indicated, payment must be in Canadian dollars.
6. Consent Policy
The laboratory reserves the right to refuse, at any time, to proceed with a test if it considers that its consent policy has not been respected. In the event of such a decision, the refund policy detailed in point 4 will be applied.
7. Fortuitous Events
During the course of its activities, Orchid PRO-DNA may be subject to events beyond its control. Such events include, but are not limited to, the loss of kits in the mail, destruction of samples during transportation, breakdown of laboratory equipment, destruction of samples during storage, postal delays, laboratory stock-outs and management disruptions. While our laboratory does everything within its power to limit the impact of such incidents, Orchid PRO-DNA declines all responsibility or liability for damages suffered by customers or third parties who may be impacted by such events.
8. Misuse or Fraudulent Use of Services
In the context of services involving at-home sampling, Orchid PRO-DNA cannot be held responsible or liable for the misuse of kits or for the improper handling of specimens by third parties. Moreover, Orchid PRO-DNA cannot be held responsible or liable for fraudulent handling by third parties who may be seeking to falsify the results of a test. In cases involving a lack of trust among the participants, Orchid PRO-DNA recommends the use of the legally admissible test to ensure the integrity of the sampling process and of the chain of custody thereafter.
9. Participant Confidentiality
Orchid PRO-DNA places great importance on participant confidentiality in its tests, and thus subscribes to rigorous confidentiality policy. However, Orchid PRO-DNA cannot be held responsible or liable for any breach of confidentiality by third parties. Orchid PRO-DNA therefore recommends that participants in a given test discuss the importance they place on confidentiality amongst themselves in the context of their joint initiative.
10. Ownership and Confidentiality
Material on this website, including but not limited to text, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Orchid PRO-DNA, and Orchid PRO-DNA does not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. Trademarks, logos, designs and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of Orchid PRO-DNA or others, are the property of their respective owners, and may not be used without the prior written consent of the owner of such Mark(s). Any information or material contained on this website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.
Links and references to other websites are provided to you as a convenience only. Orchid PRO-DNA has not reviewed and does not expressly or impliedly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Orchid PRO-DNA. (To obtain permission, contact our webmaster at firstname.lastname@example.org).
12. Accuracy of Information
While Orchid PRO-DNA may update the information or materials on this website from time to time, no assurance is given that information or material on this website is up-to-date, accurate, error-free or complete.
13. Viruses, etc.
Orchid PRO-DNA does not represent or warrant that the information or materials, including, without limitation, any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
14. Damage to Others
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal, penal or administrative offence or civil liability on the part of any person or entity.
15. Reserve of Rights
All rights not expressly granted in these terms are reserved to Orchid PRO-DNA. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trademark or other intellectual right(s) (including intellectual property right(s)) of Orchid PRO-DNA or any other person or entity.
16. Governing Law
This site is controlled and operated by Orchid PRO-DNA from Laval, Quebec, and these terms shall be governed by the laws of the Province of Quebec and the applicable laws of Canada therein without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of the Province of Quebec in connection with the interpretation or application of these terms.
17. Changes to Terms
Orchid PRO-DNA may modify, alter or otherwise update the terms applicable to this website from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Orchid PRO-DNA website.
This website is controlled and operated by Orchid PRO-DNA from Laval, Quebec. Orchid PRO-DNA makes no representation that materials on the website are appropriate or available for use in locations outside the province of Quebec, Canada. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws are applicable.
These terms and conditions apply while you are accessing the website and remain in effect thereafter, subject to section 19. In the event that this website is no longer accessible to you, the provisions set out in section 2 and 3 of these terms and conditions shall survive thereafter.