By accessing or using the SecuriGene website, mobile applications, online portals or related services (collectively, the “Platform”), you agree to be bound by these Consumer Terms and Conditions (“Terms”), including all updates made from time to time. If you do not agree to these Terms, you must not access or use the Platform or Services. By using the Platform, you are accepting these terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority and capacity to enter into these terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these terms, do not use, and/or access the site or service.
Scope of These Terms
These Terms govern your access to and use of the Platform, the creation and management of consumer accounts, and the general legal framework applicable to SecuriGene’s services. Certain services offered by SecuriGene are subject to additional product-specific terms, which are incorporated into these Terms by reference. If there is any inconsistency between these Terms and applicable product-specific terms, the product-specific terms will control. These Terms do not govern services provided through resellers, retailers, private-label arrangements, or other intermediaries. Those relationships are governed by separate agreements.
No Medical or Legal Advice
SecuriGene’s Platform and Services provide laboratory processing and informational reports only. They do not provide medical, diagnostic, treatment, or legal advice. Any information made available through the Platform or in test reports is for informational purposes only and should not be relied upon to make medical, health, or legal decisions. You are solely responsible for consulting qualified healthcare professionals or legal counsel before acting on any information obtained through the Services.
User Responsibility and Authority
You agree to provide accurate, complete, and current information when using the Platform and Services, and to use the Platform only for lawful purposes. You are solely responsible for ensuring that you have the legal authority and all required consents to submit any biological samples, personal data, or information to SecuriGene. This includes obtaining valid consent from all individuals whose samples are submitted, or from a parent or legal guardian where applicable.
SecuriGene relies entirely on the representations made by the submitting party and does not independently verify consent or authority.
Account Information
If you create an account on the Platform, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs through your account. SecuriGene is not responsible for any unauthorized access to or use of your account that results from your failure to safeguard your credentials. You are entirely responsible for any actions taken on your account by yourself or someone who has access to your account while logged into your account, including any orders, account changes, edits or requests. SecuriGene and its Representatives will not be responsible for any unauthorized use of your account login information or any changes or actions taken through such unauthorized use. SecuriGene will not be liable for any loss you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the express permission of the account holder.
Limitations of Liability and Disclaimer
To the fullest extent permitted by law, SecuriGene is not liable for indirect, incidental, consequential, special, or punitive damages arising out of or related to the use of the Platform or Services. SecuriGene’s total aggregate liability for any claim shall not exceed the greater of the amount paid directly to SecuriGene for the specific service giving rise to the claim or CAD $500.
To the fullest extent permitted by applicable law, SecuriGene and its affiliates, contractors, agents, directors, employees, and suppliers is not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to the use of the Platform or Services. SecuriGene’s total aggregate liability for any claim shall not exceed the greater of the amount paid directly to SecuriGene for the specific service giving rise to the claim, or CAD $500.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Platform and Services are provided on an “as is” and “as available” basis. SecuriGene disclaims all warranties, whether express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose, or uninterrupted availability.
Indemnity
You agree to indemnify, defend, and hold harmless SecuriGene, its employees, contractors, agents, directors, suppliers and its affiliates from any third-party claims, demands, losses, damages, or expenses arising from your breach of these Terms, lack of lawful consent or authority, misuse of the Platform, or violation of applicable law.
Intellectual Property
All content, software, branding, and materials made available through the Platform including but not limited to text, graphics, logos, icons, images, software, designs, and the selection and arrangement thereof, are owned by SecuriGene or its licensors and are protected by applicable intellectual property laws in Canada, the United States and Internationally. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes only. Any unauthorized use of SecuriGene’s intellectual property may result in termination of your rights to use the Services and may also constitute a violation of applicable intellectual property laws.
User Content
You retain ownership of any content, information, or materials you submit, upload, or otherwise make available through the SecuriGene website or Services (“User Content”). By providing User Content, you grant SecuriGene a worldwide, royalty-free, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, display, and distribute such User Content solely for the purpose of operating, improving, and promoting the Services.
You represent and warrant that:
- you own or otherwise control all rights to the User Content you provide;
- your User Content does not infringe or misappropriate the intellectual property, privacy, or other rights of any third party; and
- your User Content complies with applicable laws.
Governing Law & Jurisdiction
These Terms and any disputes arising out of or in connection with the Services shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Nothing in this section limits SecuriGene’s right to seek injunctive or equitable relief in any jurisdiction to protect its intellectual property or confidential information.
Modifications to the Agreement and the Service
SecuriGene may, from time to time, modify these Terms or the Services. SecuriGene may also modify or discontinue parts of the Platform or Services at its sole discretion, provided that such changes will not materially reduce the core functionality of Services you have already purchased, except as required for legal or security reasons.
Entire Terms
These Terms constitute the entire agreement between you and SecuriGene with respect to your use of Platform, and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, relating to such subject matter.
The section titles in these Terms are for convenience only and have no legal effect. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. To the extent possible, the invalid or unenforceable provision shall be modified to reflect the original intent of the parties.
Prices for Additional Services or Testing
Certain additional services may be subject to fees. SecuriGene reserves the right to amend these fees from time to time in its discretion. Any updated fees will apply only to orders, additional tests or requests made after the effective date of the change.
Payment Methods
The following methods of payment are accepted: Visa, MasterCard, and American Express. Payment must be made in full before deliverables are released to the Customer.
Suspension and Termination
SecuriGene may suspend or terminate your access to the Platform, in whole or in part, at any time and for any reason, including if SecuriGene reasonably believes that your use creates legal, regulatory or operational risk. Obligations that by their nature should survive termination, including limitations of liability and indemnification will survive.
Upon termination, your right to use the Platform will immediately cease. SecuriGene may delete or deactivate your account and all related information and files, subject to any legal obligations to retain records. If you wish to terminate your account, you may request account termination by contacting SecuriGene Support.
Nothing in this section limits SecuriGene’s right to seek injunctive or equitable relief, or to pursue any other remedies available at law or in equity.
Shipping
Order Processing Time
Orders are typically processed for shipment within up to two (2) business days after receipt, subject to availability and standard fulfillment procedures. In certain circumstances, including operational constraints or exceptional situations, processing time may exceed two (2) business days. Business days are Monday through Friday, excluding Canadian and U.S. statutory holidays.
International Shipments
Additional charges apply to all international shipments. Delivery times vary by country and cannot be guaranteed. Customers are responsible for customs duties and delays. If delivery by a specific date is requested, please contact us for an express shipping quote. SecuriGene is not responsible or liable for any delay, loss, damage, misdelivery, or non-delivery of shipments. All risks associated with shipment transfer to the customer upon release to the carrier. Any return shipping labels provided are USPS (United States Postal Service) only; international return shipping fees are the responsibility of the purchaser.
Shipping to P.O. Boxes and Military Addresses
Express shipping requires a physical street address (no P.O. Boxes). Deliveries to APO/FPO military addresses may take more than 10 business days. Delivery times vary by address and cannot be guaranteed.
Reshipping Fees
If a package requires reshipment for any reason, including but not limited to incorrect addresses, carrier returns, failures to pick up package from access points; additional shipping and handling fees will apply and be calculated on a case-by-case basis.
Limitation of Liability
Once an order has been released to a third-party carrier (e.g., UPS, FedEx, DHL, USPS, Canada Post, or other), SecuriGene is not responsible or liable for any delay, loss, damage, misdelivery, or non-delivery of the shipment. All risks associated with shipment transfer to the customer upon release to the carrier. Customers are responsible for contacting the carrier directly regarding delivery issues, claims, or address corrections.
DNA Kit Expiration
Each type of DNA testing kit has a defined validity period. Samples must be collected and received by the laboratory within the applicable period for the kit you purchased. Current expiration periods are published on the SecuriGene website and may vary by kit type.
If samples are not received within the applicable period, your account and/or activation code will be inactivated. A reactivation fee of $50 USD will apply to reopen your account and continue testing, subject to the sole discretion of the laboratory.
Kits Not For Resale
DNA Collection Kits may only be sold through SecuriGene or its authorized distributors, wholesalers, retailers, funeral homes, hospitals, or other approved sellers. Unauthorized resale is strictly prohibited.
SecuriGene reserves the right to:
- refuse testing of samples submitted from unauthorized or resold kits;
- immediately deactivate accounts associated with such kits; and
- deny refunds or replacements in cases of unauthorized resale.
Sample Consumption and Use
Any sample, object, or item submitted to the laboratory may be used for the purpose of testing and consumed or destroyed. SecuriGene does not return samples, objects or items unless previously agreed to in writing by both parties, and only in extraordinary circumstances.
Cancellation and Refund Policy
All requests for cancellation or refund must be submitted within fourteen (14) days of purchase or kit activation (whichever occurs first) and must be accompanied by a completed Cancellation/Refund Request Form. Once received, the Cancellation/Refund Request form will be processed within 10-15 business days.. If approved, refunds (net of any shipping, handling or administrative fees) will be issued only to the original method of payment for purchases made directly from SecuriGene. Once submitted, Cancellation/Refund Request forms are irrevocable.
Cancellations and refunds will not be granted if:
- the request is received more than fourteen (14) days after the purchase date;
- the order has been activated;
- one or more samples have been received at the laboratory;
- testing has been initiated; or
- the test was purchased through a retailer, distributor, or other third party.
Once testing has begun or samples are received at the laboratory, orders are non-cancellable and non-refundable. SecuriGene reserves the right to deduct shipping, handling, and administrative fees from any refund issued.