Terms and Conditions for Services
The following Terms and Conditions apply to Paternity testing services provided by IDENTIGENE. See also Site Usage Policies below.
“IDENTIGENE’ means IDENTIGENE, LLC. “
‘IDENTIGENE’ means IDENTIGENE, LLC.
‘Services’ means the provision of laboratory analysis of biological samples the Client provides to IDENTIGENE.
‘Client’ means the person(s) or legal entity that purchases Services from IDENTIGENE and/or any test participant who submits biological samples to IDENTIGENE for Services or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
2.1 By submitting samples or payment to IDENTIGENE, the Client agrees to the Terms and Conditions for Services.
2.2 The Services provided by IDENTIGENE are solely for the use of the Client. IDENTIGENE 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.
2.3 IDENTIGENE does not guarantee that the samples provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples submitted to IDENTIGENE will not be returned.
2.4 IDENTIGENE reserves the right to use any third party of its choice, if necessary, to perform any portion of the Services purchased by Client.
2.5 IDENTIGENE reserves the right to perform Services using methods and processes that IDENTIGENE deems appropriate.
2.6 For samples collected in New York State, an Authorizing Agent (doctor or lawyer licensed in New York State) must authorize the Services. The Authorizing Agent will also receive test results.
2.7 Guidance for interpreting the results can be obtained by contacting Identigene.
2.8 For samples collected via Chain-of-Custody (including New York State), IDENTIGENE rigorously follows nationally and internationally recognized standards for court-admissible test results. While IDENTIGENE test results are routinely accepted by courts worldwide, each court (or judge) ultimately determines admissibility.
3.1 Payment in full is required before Services can begin. Payments can be made with a valid credit/debit card, cashier’s check, or money order. Personal checks are not accepted. Personal checks received by IDENTIGENE will be immediately destroyed and Services will be on hold until payment in full has been made.
4.1 Access to order information and results requires a login (usually an email address) and either an online password or call-in personal identification number (PIN). The Client shall maintain the confidentiality of their login, password and pin; furthermore, the Client agrees that IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers will not be liable for access to order information and results, if the appropriate login, password and/or PIN is used.
4.2 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.
4.3 IDENTIGENE may use email and/or text messaging to convey order status as requested. Standard email or text messaging is not securely encrypted, so Identigene uses the minimum necessary amount of personal information when communicating via email/text message.
4.4 Notwithstanding anything in section 4, all data, forms, customer information, or other information submitted to IDENTIGENE by the Client will be stored by IDENTIGENE in hard copy and/or electronic form, with case access provided to the Client, to IDENTIGENE, and to government agencies as required by applicable laboratory accreditation guidelines, or as may be required by law.
5. Warranties and Indemnity
5.1 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 necessary for IDENTIGENE to perform the Services purchased by the Client.
5.2 The Client shall indemnify IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers against all costs, claims, demands, expenses and liabilities of whatsoever nature that may arise from Services provided to the Client.
6. Disclaimers and Liabilities.
6.1 IDENTIGENE does not warrant to Client: (a) that the Services provided by IDENTIGENE 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 Guaranteed Accuracy of test results.
6.2 Further, in no event shall either IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.
6.3 Client agrees that any and all liability of IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by IDENTIGENE for such Services.
7. Third Parties.
A person who is not the Client of IDENTIGENE has no right to enforce any of these Terms and Conditions.
8. Governing Law.
The construction, validity, and performance of these Terms and Conditions shall be governed in all respects by the State of Utah, USA Law and be subject to the exclusive jurisdiction of the State of Utah, USA Courts.
9. Refund Policy.
A refund may be considered if a written request for refund is submitted to IDENTIGENE before Services have been initiated; no refund shall be considered if Services have been completed.
10. Guaranteed Accuracy.10.1 IDENTIGENE guarantees accuracy when samples are properly collected and submitted to the laboratory for Services.
10.2 The Client must inform IDENTIGENE if: (a) possible fathers are related; (b) any participant has received a blood transfusion or an allogeneic hematopoietic stem cell (HSCT) transplant (such as a bone marrow transplant). IDENTIGENE can only guarantee accuracy if such conditions are brought to its attention prior to providing Services.
10.3 IDENTIGENE shall not be held responsible for improper or fraudulent submission of self-collected samples.
10.4 To contest accuracy, the Client must provide a paternity test report from an accredited laboratory supporting the claim within sixty (60) days from the IDENTIGENE paternity test report date. IDENTIGENE may, at its discretion, re-perform Services at no cost to the Client to confirm results, or provide a refund for Services, as described in Section 6.3.LIT-4033-M © 2016 IDENTIGENE, LLC