Terms & conditions
- The "Company" shall mean DNABIOSERVICES, trading in Australia.
- "Conditions" means these conditions of sale.
- The "Contract" shall mean any legally binding contract for the supply of the Services by the Company to you.
- The "Kits" means sampling kits sent to you on receipt of your order
- The "Request Form" shall mean the pro forma service order form relating to the Service and as provided by the Company via its website at http://www.dnabioservices.com.au) The "Service" shall mean human identity testing and without limitation related services including the results thereof.
- The "Site" means www.dnabioservices.com.au
- "You" shall mean the person ordering the Service subject to these terms and conditions.
Conditions of Sale
- These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document.
- If you order the Service from the Site by filling in the registration form and clicking the "Submit" button you shall be legally bound to have made an offer to purchase the Service pursuant to these Conditions.
- All sales made by the Company are made on these Conditions. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Company may from time to time alter these Conditions at its discretion. Any changes will be posted on the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed
- You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.
- The subject matter of the Contract shall remain confidential and shall not be disclosed nor used for any unauthorised purpose. Subject to the provisions of the Data Protection Act 1998, the existence of the Contract may be divulged by the Company for bona fide marketing purposes unless otherwise agreed with you. The Company will not disclose to third parties other than as required by a court of law or other competent authority any proprietary data and other information concerning the samples to be processed or results obtained under the Service without the prior written consent of you.
- These terms and conditions do not affect your statutory rights as a consumer.
Prices, Payment and Delivery
- The charges payable by you to the Company for the Service are those set out in the current relevant price list(s) supplied by the Company to you as published on the Site or as quoted in writing by the Company to you.
- The Company reserves the right to vary the prices for the Service between the date of the Contract and the performance of the Service in the event of and to the extent of any increase in the cost of labour or materials or any delay howsoever caused by any other variation in the costs to the Company of providing the Service. The Company shall notify you of any changes to the advertised price and you will have a right to proceed with or cancel the order within seven days of the notification.
- The Company must receive payment of the whole of the price for the Service before your order can be accepted. Once payment has been received by the Company it will confirm that your order has been accepted by sending you a 'Transaction Summary' which will include your case reference number, details of the Service and your cancellation rights. The Company's acceptance of your order brings into existence a legally binding contract between you and the Company. The Company reserves the right not to supply you at its discretion.
- You undertake that all details you provide the Company for the purpose of purchasing the Service are correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service.
Cancellation/Termination & Charges Arising
- You have three working days (excluding Saturday and Sunday and Australian Public Holidays) from the date on which the Company accepts your order pursuant to clause 3c), to cancel the Contract without cause or penalty, upon serving a written notice of cancellation upon the Company
- If you cancel the Contract under this provision the purchase price will be returned to you as soon as practicably possible, and in any event within 30 days of the Company's receipt of your notice of cancellation.
- On cancellation for whatever reason you must return the Kits the Company has delivered to you in the pre-paid envelope provided within 7 days of cancellation. You must keep the Kit in your possession prior to its return to the Company and in good condition. If the Kits are damaged on delivery the Company will replace or exchange any such Kits; or refund you for the price paid.
- The Company reserves the right to cancel the Contract if the Services were listed at an incorrect price due to a typographical error.
- Any dates quoted by the Company to you for the provision of the Services are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract.
- The Company will not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Service.
- The Company shall be entitled to destroy all samples received from you or derived from these samples together with any associated results or other documentation after three months and twenty four months respectively from the date of transmission.
- The sample DNA derived from the donor's sample or any data derived therefore will not be released to any third party other than in accordance with the Data Protection Act 1998. The Company will retain the DNA sample for three months
- The Company will use reasonable endeavours to ensure that the result of the analysis of biological samples provided to us by you is correct but subject to a margin of error of 0.01%. No further representation, warranty or undertaking is given or made in relation to the result of analysis. This does not affect your statutory rights as a consumer.
- The information contained in the analysis is solely for your use.
- In the unlikely event that the result of analysis is found to be in error, the Company shall perform a further analysis for you free of charge or return your payment at our sole discretion.
- The Company shall not be liable for any loss or damage suffered by you or any other person as a result of the provision to you of a result of analysis.
- The Company makes no representation, express or implied, that the result of analysis is fit for any particular purpose. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.
- You warrant that you are legally entitled to possession of the samples you have provided to the Company. You agree to indemnify the Company against all costs, claims, expenses and any loss or damage that the Company may suffer as a result of you providing the Company with samples, which have not been legally obtained. The Company strongly advises that you should obtain independent legal advice about your legal entitlement to take or obtain samples of biological material from persons other than yourself. You warrant that you are not a person suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are therefore incapable of understanding the nature and purpose of the test. The Company makes no representation that you are legally entitled to perform any particular act in order to obtain biological samples for analysis.
Warranty of Performance
- The Company shall exercise all reasonable skill and care in the performance of the Service but does not represent, guarantee or warrant that any particular result (whether expressly specified by you or not) will be achieved or reproduced. Except in the case of death or personal injury the Company's total liability to you whether for negligence, breach of contract or otherwise shall in no circumstances exceed the charges payable by you for the Service.
- The Company shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the Company's control.
Links to other web sites
- The Company is not responsible for the availability, content or accuracy of any pages or other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by the Company of these sites. If you linking to any other page or site you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites.
- The Company is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations or warranties to the fullest extent permitted by law. In addition, the Company makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Neither the Company nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the Company's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Copyright and Monitoring
- The contents of the Site are protected by international copyright laws and other intellectual property rights. The Company owns these rights unless otherwise indicated. All product and company names and logos mentioned in the Site are the trademarks, service marks or trading names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with the Company and you may download, save and print a copy of the Conditions. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Company's web site including but not limited to text, graphics, code and/or software without the Company's prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- If any part of these Conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these Conditions will not be affected.
Third Party Rights
- Except for the Company's affiliates directors employees or representatives, a person who is not a party to this Contract has no right under the Australian Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available from that Act.
- The Contract is made between the Company and you and shall not be assignable by you. The Company may sub-contract the performance of the Contract in whole or in part.
- You shall indemnify the Company (and keep it indemnified) against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of the provision of the Service.
- All notices shall be given to the Company
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