Terms and Conditions
Please read our Terms and Conditions carefully and make sure you understand
them before placing an order.F
1. DEFINITIONS
1.1 CheckPaternity services is provided by a Parent Company, VirtualLab
Test,an online DNA Testing Company.
1.2 The “Client” is a private individual, a business, a legal or
independent entity ordering a Service.
1.3 The “Nominated Person” is the person named on the Submission Form to
whom the test results will be given.
1.4 The “Sampler” is the person who takes the samples.
1.5 The “Service” is any one or more of the Company’s DNA tests or genetic
tests advertised by Checkpaternity.com or its affiliates.
1.6 The “Order for Services” is the placing of an order for the Company’s
Services, through its dedicated online platform.
1.7 The “Price” is the price as set out in the current price list for the
Company’s Services.
1.8 The “Kits” are the sample collection kits provided to the Client.
2. APPLICATION OF THESE TERMS AND CONDITIONS
2.1 These terms and conditions shall apply to the exclusion of all other
terms and conditions including any which the Client may purport to apply
under any agreement, purchase order, confirmation of order or similar
document.
2.2 All Orders for Services shall be deemed to be an offer by the Client to
purchase the Services pursuant to these terms and conditions. The Company
shall not be deemed to have accepted any offer until the Client has paid
for the Service ordered. The payment shall be deemed as conclusive evidence
of the Client’s acceptance of the Service under these terms and conditions.
3. EXTENT OF THESE TERMS AND CONDITIONS
3.1 No conditions other than those contained in these terms and conditions
shall be deemed to be incorporated in or form part of these terms and
conditions, except if agreed in writing between the Client and anyone
authorized by the Company.
3.2 These terms and conditions do not affect the Client’s statutory rights
as a consumer.
3.3 If any part of these terms and conditions are deemed unreasonable, void
or otherwise unenforceable in any legal, arbitration or similar
proceedings, it is the intention of the parties that the enforceability of
the remaining parts of these terms and conditions will not be affected.
3.4 All agreements on the part of the Client which comprise more than one
person or entity shall be joint and several.
4. COMPANY’S RESPONSIBILITIES
4.1 The Company will strive to provide tests performed by a laboratory that
is accredited to ISO 17025 and/or AABB standard where possible or
available.
4.2 The Company will endeavour to make the results of the tests available
to the Client or any other Nominated Person within the times specified for
its Standard and Express Services. The turnaround times stated by the
Company commence from the receipt of the samples and not from the receipt
of the samples at any administration office or Company agent, including
Logistic Service Providers.
4.3 The Company will generally send kits to the Client via its own logistic
service provider/delivery service. The cost of sending the kit is included
in the Price. For some tests other methods of test kit collection or
delivery may be used. The Company cannot be held responsible for any delays
caused by the postal system or courier services. It is up to the Client to
notify the Company in the event that the kit is not received and this must be
within a reasonable time expected from the postal system of that country.
4.4 If through no fault of the Client, the Kit delivered to them or to
their Sampler by the Company is damaged on arrival or the sterile packs
have been compromised, new ones will be supplied by the Company free of
charge. The defective Kits should be returned by the Client with the return
carriage at their expense and clearly marked as faulty, for disposal by the
Company.
4.5 The Company will only issue one Kit per Client order. Additional kits
requested will incur an administrative charge depending on country of
destination (see price list on website).
4.6 If through no fault of the Company, the samples provided by the Client
fail to generate a DNA profile due to insufficient DNA or a contaminated
sample, then a re-sampling fee will be applied (see price list on website).
In the case of a non-standard sample the normal retail prices apply in
addition to the standard charge.
4.7 The Client understands that whilst the particular testing that the
Company undertakes is highly accurate, as with any testing there is a
possibility of error or omission. The Client therefore acknowledges and
accepts that in the event of the Client being able to establish a claim for
damages resulting from any act of the Company whether negligent or
otherwise, the Company’s liability shall not exceed the cost paid for the
test and agrees to keep the Company and its agents, officers and employees
harmless from all further claims or damages. The Client’s rights hereunder
shall be subject to the Client notifying the Company of any error or
omission within thirty days of the test report being sent to the Nominated
Person via email or postal mail. Any liability arising under this clause
(4.7) will be limited to the cost of the Service contracted for.
4.8 The Company shall not be liable for any loss or damage suffered by the
Client or any other person as a consequence of reporting the test results
to the Nominated Person or other authorised persons.
4.9 The Company shall not be liable for any failure or delay in the
performance of its testing Services through causes beyond its control,
including but not limited to an act of God, flood, drought, storm, war,
industrial action, strike, lockout, breakdown of equipment, systems or
network access, fire, explosion, terrorism, sabotage or other event beyond
its control.
4.10 The Company reserves the right to refuse its Services if it has
reasonable grounds for believing that the biological samples were or will
be obtained illegally, or results will be used for an illegal, improper or
unethical purpose or there is a conflict of interest with an existing
Client, or the quality of the Company’s Services might otherwise be
compromised, or it has other reasonable grounds for doing so.
4.11 The test reports provided by the Company will be given to the Client
of Nominated Person. Any people tested will have the right to a copy of the
report. Written reports will be sent by email to the Nominated Person
unless otherwise stipulated. If requested, a hard copy of the results is
available by mail for an additional fee.
4.12 The Company reserves the right to issue results to and/or discuss
results with:
(a) all persons tested or nominated person
4.13 The Company aims to provide a high quality Service at all times. If
the Client is not satisfied with the Service they have received they should
put their complaint in writing to the Company. The Company will endeavour
to look into any complaint promptly and to explain the position to the
Client. The Company will do its best to resolve any complaints or concerns;
however any decision by management is final.
5. CLIENT’S RESPONSIBILITIES
5.1 It is the Client’s responsibility to ensure that the persons tested
provide all necessary identification (if test is for legal/immigration
purposes), correct materials or samples to the Company and to complete
fully, accurately, and legibly any documents requested by the Company.
Failure to do so may result in a delay in providing, or inaccuracies in,
test results which may affect the evidential value of the test results. In
such circumstances the Company shall not be liable for any such delay or
inaccuracy. The Company will have no further liability until the situation
is rectified and no refund is due.
5.2 The Client agrees to indemnify the Company against all claims, expenses
and any loss or damage suffered by the Company as a result of the Client
(or their Sampler) passing to the Company any samples which were not
legally obtained.
5.3 The Client undertakes that all information provided to the Company for
the purpose of ordering the Service is correct and that any credit/ debit
card or bank accounts used to pay for the Service is owned by them (or that
they have the owner’s authority to use it to pay for the Service).
5.4 The Client warrants that they are entitled to provide the Company with
all information and data required, and shall indemnify the Company against
any claims for infringement of the information or data, breaches of
confidentiality or failure to comply with any data protection laws brought
by any third parties.
5.5 The Client is responsible for ensuring that the Nominated Person is
aware of the need for confidentiality and that they should not disclose the
contents of the report to anyone other than those authorised by the persons
tested. See also clause 4.12 above.
5.6 The Client should only enter into contract with the Company if they are
willing to be bound by these terms and conditions.
6. FEES FOR SERVICES
6.1 The Price of the Company’s Services are those set by the Company and
revised from time to time, and are detailed in the Company’s current price
list. The Company’s price list is available on the website or upon request.
7. PAYMENT AND CANCELLATION
7.1 The Company will not accept an Order for Services from the Client until
full payment has been received.
7.2 For credit card payments, the credit card charges are absorbed by the
Company. For all other payment methods, the Client is responsible for any
charges incurred in the payment transaction. All funds received by the
Company must be the full price quoted in the Price List and net of any
charges, before the Company will process the Service.
7.3 The Client has three weeks to send their samples back
from the Order of Service (referred to as the Expiry Period). If the Client
fails to send the samples within this timeframe, the account will be
closed. The Company will charge for a new “sign up for services”
initiation.
8. REFUNDS POLICY
8.1
If the Service is cancelled before the Company issues the Client a Kit,
then a full refund will be offered.
8.2 If the Service is cancelled after the Company issues the Client a Kit
but before the Client sends back the samples, then a postage and
administration fee will apply (see Price list on website). This is valid within the Expiry
Period only.
8.3 If the Service is cancelled once samples are received at the Company
then no refund will be due.
8.4 Due to the personalised nature of the Kit, which is customised for each
Client, the Service falls outside the Distance Selling Regulations.
9. TIME AND DELIVERY
9.1 Dates given by the Company for the completion of analysis and reporting
of results are for guidance only. The Company shall not be liable to the
Client for any delay in the delivery of Service and any loss or damage
directly or indirectly caused by any delay.
10. DATA PROTECTION AND PRIVACY
10.1
Under the applicable data protection law, the Company will only obtain,
use, process and disclose personal information about the Client to
proceed with its responsibilities in providing the Service contracted
for, and for other related purposes including updating Client records,
analysis for statutory returns, crime prevention and legal and
regulatory compliance.
10.2 Due to the Company’s international operations, the Client acknowledges
and agrees that we may transmit client’s testing specimen (saliva, hair,
nail or any other required item) to third parties across borders to other
countries in order to provide the Service.
10.3 The Client has the right to withdraw Consent at any stage during the
provision of the Service by contacting us in writing or via email. Fees
will apply in line with Section 7.
10.4 Client acknowledges and agrees to be bound by the terms of our privacy
policy found at our various company websites on the Privacy Policy page.
11. JURISDICTION AND CONTACT DETAILS
11.1 The contract between the Company and the Client, as evidenced by these
terms and conditions, is subject to the laws and courts of Nigeria, where
VirtualLab Test Nigeria Ltd is duly registered, and shall have exclusive
jurisdiction in relation to any claim or dispute arising from the contract.
