Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trade mark law.
2. Use License
Permission is allowed to temporarily download one duplicate of the materials (data or programming) on WeCare Mobile DNA's site for individual and non-business use only. This is the just a permit of license and not an exchange of title, and under this permit you may not:
modify or copy the materials;
use the materials for any commercial use , or for any public presentation (business or non-business);
attempt to decompile or rebuild any product or material contained on WeCare Mobile DNA's site;
remove any copyright or other restrictive documentations from the materials; or
transfer the materials to someone else or even "mirror" the materials on other server.
This permit might consequently be terminated if you disregard any of these confinements and may be ended by WeCare Mobile DNA whenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form.
3. Disclaimer
The materials on WeCare Mobile DNA's site are given "as is". WeCare Mobile DNA makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranties, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, WeCare Mobile DNA does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its Internet site or generally identifying with such materials or on any destinations connected to this website.
4. Constraints
In no occasion should WeCare Mobile DNA or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on WeCare Mobile DNA's Internet webpage, regardless of the possibility that WeCare Mobile DNA or a WeCare Mobile DNA approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don't permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
5. Amendments and Errata
The materials showing up on WeCare Mobile DNA's site could incorporate typographical, or photographic mistakes. WeCare Mobile DNA does not warrant that any of the materials on its site are exact, finished, or current. WeCare Mobile DNA may roll out improvements to the materials contained on its site whenever without notification. WeCare Mobile DNA does not, then again, make any dedication to update the materials.
6. Links
WeCare Mobile DNA has not checked on the majority of the websites or links connected to its website and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by WeCare Mobile DNA of the site. Utilization of any such connected site is at the user's own risk.
7. Site Terms of Use Modifications
WeCare Mobile DNA may update these terms of utilization for its website whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.
8. Governing Law
Any case identifying with WeCare Mobile DNA's site should be administered by the laws of the county of Clayton, Georgia State without respect to its contention of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Privacy Policy
Your privacy is critical to us. Likewise, we have built up this Policy with the end goal you should see how we gather, utilize, impart and reveal and make utilization of individual data. The following blueprints our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will gather and utilization of individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
We will just hold individual data the length of essential for the satisfaction of those reasons.
We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
We will promptly provide customers with access to our policies and procedures for the administration of individual data.
We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.
Terms and Conditions
Binding Arbitration
These Terms and Conditions outline the procedures for resolving disputes between you and WeCare Mobile DNA. By using our services, you agree that any claims against WeCare Mobile DNA must be resolved through binding, confidential, and final arbitration on an individual basis. This means you cannot bring claims as part of a group, class, or representative action or proceeding. For detailed information on your agreement to arbitrate disputes with us, please refer to the relevant section below.
Cautions
Various factors can affect the accuracy of our services and test results, including your ability to provide biological samples according to the instructions provided with the Kits, without contamination. By using our services, you acknowledge that WeCare Mobile DNA is not responsible for errors in testing or other services caused by your actions or failure to strictly follow Kit instructions when providing samples. We do not guarantee that our services will be free of errors, completely accurate, or reliable, nor do we guarantee specific results or acceptance by any particular entity.
Medical Advice Disclaimer
WeCare Mobile DNA’s services and website do not offer medical advice or guarantees regarding health or safety. If you believe you are experiencing a medical emergency, please contact your doctor, 911, or local emergency services immediately. Your use of our services and any information generated by them is at your own risk. WeCare Mobile DNA does not provide medical advice, diagnoses, treatment recommendations, or engage in the practice of medicine. The content and materials provided on our website are for informational purposes only and are not intended to replace professional medical advice, diagnosis, treatment, or public health information. Decisions regarding the need for medical services and the type of healthcare to be provided should be made by a physician or licensed healthcare provider. Always consult a physician or qualified healthcare provider with any questions about actual or potential medical conditions or symptoms you may be experiencing.
For any assistance or inquiries related to these matters, please contact us at [email protected].
Certain Definitions
Capitalized terms not defined where they first appear have the following meanings:
(a) "Conditions" refers to these Terms and Conditions.
(b) "Contract" pertains to any order submitted for the provision of services by WeCare Mobile DNA to you.
(c) "Kits" are sampling kits dispatched to you upon order receipt or purchased separately.
(d) "Request Form" signifies the standard service order form provided by WeCare Mobile DNA on our website.
(e) "Service" encompasses various testing services provided by WeCare Mobile DNA, including but not limited to paternity, immigration, ancestry testing, and associated services and results.
(f) "Site" refers to https://wecaremobiledna.com/ and any other Company-operated websites or online applications that incorporate or link to these Conditions.
(g) "You" denotes the individual ordering the service and/or utilizing the Site.
Terms of Sale
(a) These Terms govern all content and information available on the Site and all Contracts, excluding any other terms and conditions, including those you may attempt to apply through a purchase order confirmation, Request Form, or similar document.
(b) By ordering the Service through the Site, either by completing the registration form and clicking the “Submit” button or through a representative, you are legally bound to have offered to purchase the Service under these Terms.
(c) All sales by WeCare Mobile DNA are subject to these Terms. Any changes to these Terms must be confirmed in writing by a director of WeCare Mobile DNA to be binding. The Effective Date of these Terms is indicated at the top of this webpage. WeCare Mobile DNA may modify these Terms at its discretion and will post any changes on the Site. We encourage you to check the Site regularly to stay informed about our current Terms. Your continued use of the Site after any changes constitutes your agreement to abide by the updated terms. The revised Terms supersede all previous versions.
(d) You are responsible for assessing whether the offered Service is suitable for your specific needs and the resulting consequences.
(e) The features and specifications of the Service described or depicted on the Site are subject to change without prior notice.
(f) These Terms do not affect your statutory rights as a consumer.
License
WeCare Mobile DNA grants you a limited license to access and use the Site for personal purposes, subject to these Terms. The Site or any part of it may not be reproduced, copied, framed, or exploited for commercial purposes without the express prior written consent of WeCare Mobile DNA.
Prices, Payment, and Delivery
(a) The charges for the Service payable to WeCare Mobile DNA are outlined in the current price list(s) available on the Site or as quoted in writing by WeCare Mobile DNA. WeCare Mobile DNA is not liable for any pricing or typographical errors on the Site or in related publications.
(b)WeCare Mobile DNA reserves the right to adjust prices for the Service due to increased labor or material costs or delays affecting WeCare Mobile DNA’s costs in providing the Service. You will be informed of any price changes and have the option to proceed or cancel within seven days of notification.
(c) Payment for the Service must be received by WeCare Mobile DNA before your order is accepted, including testing and result issuance. Upon opting for online access, you will receive confirmation, including your case reference number and Service details. Your order acceptance by WeCare Mobile DNA forms a legally binding contract. WeCare Mobile DNA may choose not to fulfill orders at its discretion. Unless otherwise arranged, full payment is required before test results are released.
(d) You are responsible for all transaction taxes applicable to your purchases.
(e) You confirm that all details provided to WeCare Mobile DNA for purchasing the Service are accurate, and you have the necessary funds or credit for payment. WeCare Mobile DNA may verify your payment details before providing the Service.
(f) Payment processing will be handled by the Company’s third-party processor using your preferred payment method or another designated method. The Company may charge an alternate payment method if the primary card is declined.
(g) Charges for completed and delivered orders are final unless the Company decides otherwise, at its discretion and in accordance with these Terms.
Cancellation/Termination, Refunds & Charges
(a) As the paying party for the Service, you have a three-business-day window (excluding Saturdays, Sundays, and U.S. Bank Holidays) starting from the date the Company accepts your order under clause 7(c) to cancel the Contract without cause or penalty. This requires serving a written or emailed notice of cancellation to the Company. However, if Kits have been dispatched, appointments scheduled, samples collected, or the test conducted, a non-refundable deposit and any cancellation fees will apply and be retained.
(b) Upon cancellation of the Contract as per Section 8, the purchase price for the Service will be refunded to you as soon as reasonably possible. The Company will make reasonable efforts to process the refund within 30 days of receiving your cancellation notice.
(c) If Kits are damaged upon delivery, the Company may, at its discretion, replace or exchange the Kits or provide a refund equal to the price paid for the Service.
(d) The Company reserves the right to cancel or decline any order at any stage of the ordering process, including after submission and confirmation, for reasons such as limited product quantities, inaccuracies in product/pricing information, or payment issues.
(e) Any dates provided by the Company for Service provision are approximate and do not form a contractual obligation, nor are they considered essential to the Contract. The Company is not liable for any direct or indirect losses or damages resulting from Service delays.
(f) In rare instances where the analysis result for the purchased Service is erroneous, the Company may offer a free re-analysis or refund for the Service at its discretion.
Non-Refundable Affiliate Fees and Promotion Disclaimer
All affiliate fees paid to WeCare Mobile DNA are non-refundable under any circumstances. Additionally, WeCare Mobile DNA is not required or obligated to promote or facilitate sales for the partner's business. While we may offer guidance and sales calls, WeCare Mobile DNA is not responsible for the success of any partner’s business. Any promotional efforts undertaken by WeCare Mobile DNA will be at its sole discretion.
Your Responsibilities
(a) By purchasing a Service, you agree to provide accurate biological samples as instructed in the Kits provided by us. Obtaining a reliable test result depends on collecting a quality sample following the provided instructions diligently. You affirm that any samples you provide to the Company are yours, or if provided on behalf of another person with legal authorization, that they belong to that person.
(b) It is recommended that you seek independent legal advice regarding your rights to obtain and use biological samples from individuals other than yourself. You certify that you have legal possession of the samples provided to the Company.
(c) You must be of legal age to enter a binding contract with the Company and not barred from receiving Services under applicable laws to use the Services and accept these Conditions.
(d) You confirm that you are mentally sound and capable of understanding the nature and purpose of the Service you are purchasing.
(e) You agree to comply with all relevant laws and regulations governing your access and use of the Site and the purchased Service.
(f) You certify that you are not an insurance company or employer seeking information about an insured person or employee.
(g) You acknowledge that information from the Service may be unexpected or emotionally impactful.
(h) You understand and accept that you have no rights to any research or commercial products resulting from your sample submission and will not receive compensation for such products.
(i) You warrant that you will not use the Service information, whether in whole or part, or combine it with other databases, for discriminatory or illegal purposes.
Account Creation, Customer Account, Passwords, and Security
(a) In order to access and download test results from the Service, you must create an account on the Site. By using the Site and Service, you agree to: (i) provide accurate, current, and complete registration information about yourself as prompted by the Site; and (ii) keep your registration information updated. Failure to provide accurate and current information, or if there is reasonable suspicion of inaccurate or incomplete information, may result in the suspension or termination of your account by the Company, and may also lead to the refusal of any current or future use of the Service or the Site.
(b) You are the only authorized user of the account you create on the Site, and you are fully responsible for all activities conducted under your account. You may not permit others to use your account credentials, nor can you transfer or assign your account to another person or entity. If you suspect unauthorized access to your account, you must promptly notify us using the contact details provided at the end of these Terms. The Company is not liable for any losses, damages, liabilities, expenses, or fees incurred due to unauthorized use of your account, even if you have informed us of such unauthorized access. You acknowledge and agree that we may request information to confirm your identity to maintain the security of your account.
(c) Upon purchasing a Service, you may receive your test results via email. It is your responsibility to maintain the confidentiality of your test results. Allowing third parties access to your test results may result in liability, costs, or damages for which you are responsible. You agree to indemnify and hold the Company harmless against any claims or suits by third parties related to unauthorized access to your test results. Promptly notify the Company of any unauthorized use of your test results. The Company is not liable for any losses or damages resulting from your failure to comply with this provision.
Privacy and Disclosure
We handle personally identifiable information submitted in connection with the Site or Service according to our Privacy Policy, which we recommend reading before using the Site or Service.
Restrictions
You are prohibited from attempting to breach the security of the Site, including: (a) accessing data not meant for you or logging into a server or account without authorization; (b) attempting to test system vulnerabilities without permission; (c) unauthorized access or use of the Site; or (d) introducing malicious software or harmful material.
Additionally, you agree not to:
(a) Violate any applicable laws or regulations while using the Site.
(b) Engage in conduct that disrupts or limits others' use or enjoyment of the Site.
(c) Use the Site in a way that could damage or impair its functionality.
(d) Use automated tools or processes to access or monitor the Site without our consent.
(e) Interfere with the proper functioning of the Site through any means.
(f) Attempt to disrupt the Site's operations in any way.
Except for personally identifiable information collected according to our Privacy Policy, all materials, information, or other communications you transmit, upload, or post to the Site, including ideas, comments, suggestions, feedback, data, or similar content ("User Generated Content"), will be treated as non-confidential and non-proprietary. WeCare Mobile DNA assumes no obligations regarding User Generated Content. Additionally, you assign all intellectual property rights in any User Generated Content to WeCare Mobile DNA. By submitting User Generated Content, you agree that WeCare Mobile DNA is free to use it without limitation, compensation, and for any purpose, in identifiable or de-identifiable form.
Links to Other Websites
The Site may include links to third-party websites. WeCare Mobile DNA does not control or endorse the availability, content, or accuracy of these external sites. Clicking on such links is at your own risk, and WeCare Mobile DNA is not liable for any losses or damages related to third-party websites.
General Disclaimer; Limitation of Liability
(a) We do not guarantee uninterrupted or error-free access to the Site or that defects will be corrected. The Service is provided "as is" and "as available," and WeCare Mobile DNA makes no warranties regarding the Site's operation, information accuracy, or Service performance.
(b) WeCare Mobile DNA does not guarantee that test results will be accepted by specific entities and advises seeking independent legal advice for using results in legal proceedings.
(c) To the extent permitted by law, WeCare Mobile DNA, its officers, directors, employees, agents, or representatives are not liable for direct, indirect, special, punitive, exemplary, or consequential damages arising from the Service, Site access, or use, whether based on warranty, contract, tort (including negligence), strict liability, violation of statute, or otherwise.
(d) Your sole remedy for dissatisfaction with the Site, content, or Service is to cease using them. If certain limitations of liability are unenforceable, our maximum liability is $150 or the amount paid for the Service, whichever is less, unless prohibited by applicable law.
(e) Any claims related to Site or Service use must be filed within one year of the event giving rise to the claim.
(f) These exclusions and limitations do not affect consumer rights under local law or liability for death or personal injury caused by negligence.
Copyright and Monitoring
The materials, including information, files, documents, text, photographs, and images found on the Site, are owned by WeCare Mobile DNA and our licensors, protected by U.S. and international copyright laws, and other intellectual property rights. WeCare Mobile DNA or its licensors hold these rights, including trademarks, service marks, or trading names mentioned on the Site. You are allowed to download materials from the Site solely for placing an order with WeCare Mobile DNA and to save and print a copy of these Conditions. However, you are not permitted to modify, copy, reproduce, republish, upload, post, transmit, distribute, or use any material or information from WeCare Mobile DNA’s website without the prior written consent of WeCare Mobile DNA, except where expressly authorized, such as to complete tests or questionnaires.
All rights not explicitly granted herein are reserved to us and our licensors.
Third-Party Rights
These Conditions do not grant any third-party beneficiary rights or any rights of any kind to third parties, except for WeCare Mobile DNA’s affiliates, directors, employees, or representatives. Third parties not party to these Conditions have no rights to enforce any term of this Contract under the UK Contracts (Rights of Third Parties) Act 1999.
Agreement to Arbitrate
By using the Site and Services, you and WeCare Mobile DNA agree to resolve all covered disputes through confidential and binding arbitration. Covered disputes include any disputes or claims between the parties, irrespective of when they arose, and all other claims or disputes under various laws, statutes, contracts, torts, or common law. Arbitration will be conducted under the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures, with the arbitrator deciding all issues. The parties waive the right to class, collective, or joint actions and agree to share arbitration costs. The parties agree to abide by the arbitrator’s decision, and the award shall be final and binding.
General
These Conditions constitute the entire agreement between you and WeCare Mobile DNA, superseding any prior agreements. Any notices to WeCare Mobile DNA should be sent via email to [email protected]. WeCare Mobile DNA is not liable for failures beyond its control, and any unenforceable provisions in these Conditions will be replaced with enforceable ones. Waiver of any provision by WeCare Mobile DNA does not constitute a waiver of any other provision or right.
Disclaimer: All DNA testing services are conducted in partnership with accredited labs to ensure the highest standards of accuracy and reliability.
© 2024 WECARE MOBILE DNA. All rights reserved