BIOCERTICA:TERMS AND CONDITIONS

BIOCERTICA – TERMS OF SERVICE
1. INTRODUCTION
1.1 BioCertica Proprietary Limited, trading as "BioCertica," maintains the website
located at www.biocertica.com and its related mobile application downloadable
as "BioCertica" (together the "BioCertica Platforms"), and provides the services
available on these BioCertica Platforms. The BioCertica Products and Services
include the supply of genetic testing kits and related services which allow users
to translate their genetic information into reports that provide them with
information about their DNA and that may assist them to make informed
decisions about their health.
1.2 Access to and use of the BioCertica Platforms and/or the BioCertica Products
and Services by you is governed by these terms and conditions (the "Terms and
Conditions") as read with the privacy policy located at
https://biocertica-pdf.s3.af-south-1.amazonaws.com/4d2831dc-3be1-444c-a88ec58499e0cdfb.
pdf (the "Privacy Policy"). Any references to "BioCertica", "we",
"us" or "our" shall be to BioCertica Proprietary Limited, and shall include, where
applicable, our affiliates and subsidiaries. References to "user", "you" or "your"
shall be to any person that has registered for the BioCertica Products and
Services and uses the BioCertica Platforms and/or such BioCertica Products and
Services.
1.3 Upon your acceptance hereof, these Terms and Conditions will constitute a
legally binding agreement between you and BioCertica and will also
constitute your acceptance of the Privacy Policy.
1.4 These Terms and Conditions contain warranty disclaimers and other
provisions that limit BioCertica's liability towards you or which may require
you to indemnify BioCertica or assume a risk or liability. Any such terms
will be in bold, in the same style as this paragraph. By accessing and using
the BioCertica Platforms and/or the BioCertica Products and Services, you
acknowledge that you have read, accept, and will be bound by these Terms
and Conditions as read with the Privacy Policy. If you do not agree to this,
please do not use the BioCertica Platforms and/or the BioCertica Products
and Services.
2. DEFINITIONS
2.1 In these Terms and Conditions, unless the context indicates a contrary intention,
the following words and expressions bear the following meaning assigned to
them –
2.1.1 "BioCertica Content” means the content created by BioCertica and any
other property created or developed by or for us, including but not limited to
the BioCertica Platforms, the test Kit, Tests, Test Results, any BioCertica
Package, all data obtained through analysis of your DNA sample provided
to us (and all data supplemental or ancillary thereto), all technical and
scientific information obtained through the analysis of your DNA sample,
any compilation of the aforementioned information or databases created by
us with such information, as well as all other services and/or
communications displayed or provided directly or indirectly by us to you;
2.1.2 "BioCertica Package" means a Test Kit together with the relevant Test(s)
which you select with that Test Kit;
2.1.3 "BioCertica Products and Services" means the products and services
provided by BioCertica through the BioCertica Platforms and which will be
provided in accordance with the service elements set out at
https://www.biocertica.com/collections, from time to time, as selected by
you;
2.1.4 "days" means calendar days unless qualified by the word "business", in
which instance a "business day" will be any day other than a Saturday,
Sunday or public holiday as gazetted by the government of the Republic of
South Africa from time to time;
2.1.5 "Intellectual Property Rights" means all intellectual property capable of
protection, whether registered or unregistered, in any jurisdiction
worldwide, including without limitation inventions and patents, trade marks,
logos, know-how, trade names, works capable of copyright protection,
trade secrets and business information, data, software, source code and
object code, designs, and any other proprietary rights of any nature
whatsoever including all associated goodwill and all applications, renewals,
improvements, adaptations, revisions and copies in respect thereof;
2.1.6 "Partner Wellness Merchant" means any approved wellness merchant or
any such related party or entity with which BioCertica has contracted to
provide the Value-Added Services;
2.1.7 "Professional" means a medical professional forming part of the
BioCertica network of professionals;
2.1.8 "Supplement" means a nutritional supplement or related health product
recommended to you by a Partner Wellness Merchant;
2.1.9 "Test" means the BioCertica genetic test which includes, but is not limited
to, the testing of your DNA at a laboratory, in accordance with the test type
selected by you;
2.1.10 "Test Kit" means the BioCertica DNA test kit, which is supplied to you by
BioCertica for purposes of collecting a sample of your DNA;
2.1.11 "Test Results" means the report generated by BioCertica that constitutes a
translation of your genetic information, in accordance with the type of Test
selected by you; and
2.1.12 "Value-Added Services" means the sharing of your Test Results with a
Partner Wellness Merchant in order for the Partner Wellness Merchant to
(i) recommend over-the-counter Supplement(s) according to your Test
Results; and/or (ii) further interpret your Test Results and create a
personalised Supplement based on your Test Results.
3. ACCESS TO THE BIOCERTICA PLATFORMS AND THE BIOCERTICA PRODUCTS
AND SERVICES
3.1 You may only use the BioCertica Platforms and the BioCertica Products and
Services if you are located in South Africa and the BioCertica Products and
Services will not be provided outside of the borders of South Africa.
3.2 You will only have access to the BioCertica Platforms and the BioCertica
Products and Services if you have completed the BioCertica registration process
and have been provided with the necessary log-in details (which includes setting
up your single sign-on details, and which may include forms of verification such
as facial recognition, PIN selection, as well as email and mobile number
verifications).
3.3 We may update the BioCertica Platforms from time to time. If you do not make
use of the latest version thereof, your access to and use of the BioCertica
Platforms and/or the BioCertica Products and Services may be restricted.
3.4 You acknowledge and agree that we may update these Terms and Conditions
from time to time by notifying you, and that you will be required to accept such
updated Terms and Conditions prior to your subsequent use of the BioCertica
Platforms and the BioCertica Products and Services. If you do not accept such
amended Terms and Conditions your access to the BioCertica Platforms and/or
the BioCertica Products and Services may be suspended and/or terminated by
us.
3.5 If you are under the age of 18, you require a parent or legal guardian to consent
to your use of the BioCertica Platforms and/or the BioCertica Products and
Services, and your parent or legal guardian will be bound by these Terms and
Conditions. Where you are a parent or legal guardian so consenting on behalf of
a person under the age of 18, you warrant that you are duly authorised to
provide such consent and that the information you provide to BioCertica is
correct.
3.6 The BioCertica Platforms and the BioCertica Products and Services are intended
for personal use and may under no circumstances be used to obtain genetic
information of any third party (save to the extent that you are doing so as a legal
guardian or other lawful representative of a person under the age of 18). By
using the BioCertica Platforms and/or the BioCertica Products and Services you
warrant that you are not attempting to do so and that you are not an employer,
government entity, insurer or any other person or entity making using of the
BioCertica Platforms and/or the BioCertica Products and Services for this
purpose.
3.7 Employers, insurers and third parties wishing to conduct third-party testing are
required to enter into separate agreements with BioCertica. Please contact us
via the information provided in paragraph 23.
4. HOW WE USE YOUR DATA
4.1 To facilitate your access to the BioCertica Platforms and to provide the
BioCertica Products and Services to you, we are required to process some of
your personal information and to share some of this personal information with
certain third parties, such as our duly appointed service providers and
Professionals.
4.2 We shall process this personal information in accordance with applicable data
privacy legislation and our Privacy Policy, available here
(https://biocertica-pdf.s3.af-south-1.amazonaws.com/4d2831dc-3be1-444c-a88ec58499e0cdfb.
pdf).
4.3 Please read the Privacy Policy to understand the types of personal information
we collect, where we collect it from, who we may need to share it with, how long
we retain it for, whether it leaves the country in which we collected it, and how
you can request access to and/or deletion of your personal information.
4.4 We will destroy your genetic material submitted as part of a Test Kit that you
return to us, within 30 days after your DNA sample collected by means of the
Test Kit has been processed.
4.5 Your Test Results remain accessible via our database until you choose to delete
your BioCertica account.
4.6 You acknowledge and agree that we may perform complete tests in
accordance with our internal processes on your genetic material, which
tests generate more information than what we provide as part of your Test
Results, for the type of Test selected by you. You will not have any rights or
access to this additional information and/or any corresponding results
unless you purchase the applicable additional BioCertica Products and
Services (including the necessary Test type) and provided that BioCertica
includes an option for such information or combinations thereof, as part of
its service offering (and Test type).
4.7 You acknowledge and agree that we may keep and use your Test Result
and the data we extracted from the genetic material you submit upon
return of a Test Kit, for research purposes, however any of your data that
we retain and use for such research purposes is aggregated and
anonymised. It will not identify you personally.
5. PURCHASING A TEST KIT
5.1 The estimated turnaround time for delivery of a Test Kit purchased via the
BioCertica Platforms is 1 to 5 business days from the date on which you place
your order and payment for the order is received by us. Applicable delivery and
shipping fees will be stipulated upon check-out.
5.2 BioCertica will not be liable for any loss of or damage to a Test Kit during
the delivery process, or for any loss or damage suffered where the Test Kit
is taken receipt of by an unauthorised or incorrect person.
5.3 The Test Kit will contain instructions in respect of the use of the Test Kit. If you
require an additional Test Kit, whether because you lost, contaminated, or
destroyed your Test Kit or did not follow the instructions correctly, this will be at
your own expense.
5.4 Collection of the Test Kit will be facilitated by a courier nominated by BioCertica,
and you are responsible for arranging such collection with the courier.
BioCertica will not be liable for any loss of or damage to a Test Kit during
the collection process, or for any loss or damage suffered where the Test
Kit is not collected by the courier or delivered to us in a processable
condition.
5.5 We cannot process your Test Kit if you remove the barcode from the swab
included as part of the Test Kit, and we will not be obliged to provide you
with a replacement Test Kit. BioCertica will not be liable for any incorrect
Test Results generated as a result of the removal of or tampering with the
barcode in any way.
5.6 When using the Test Kit, you are required to follow the instructions
precisely and BioCertica will not be liable for any incorrect Test Results
generated as a result of your incorrect use of the Test Kit.
5.7 We will send your Test Kit to our third-party laboratory service providers for
processing. These third-party service providers may have operations in South
Africa and/or abroad.
5.8 Users are also able to purchase a Test Kit together with a Test, as part of a
BioCertica Package, directly from a Professional. This Professional can then also
assist with interpretation of a Test Result after BioCertica and its service
providers have processed the DNA sample collected by means of the Test Kit
and generated a Test Result (as explained in clause 10). In this instance, you will
make payment directly to the Professional (or to the Professional via the
BioCertica Platforms if and when this functionality becomes available), and the
Professional will be responsible for the delivery of the Test Kit to you. BioCertica
will not be responsible for the delivery of the Test Kit and will not be liable
for any loss of or damage to a Test Kit during the delivery process, or for
any loss or damage suffered where the Test Kit is taken receipt of by an
unauthorised or incorrect person.
6. PAYMENTS AND FEES
6.1 You acknowledge and agree that BioCertica reserves the right to amend
the fees for the BioCertica Products and Services (including the fees set
out on the relevant mobile application store(s) where you download the
BioCertica mobile application), as well as the payment terms and payment
methods available, at BioCertica's sole discretion and without providing
prior notice.
6.2 BioCertica may from time to time offer discounts, free trials, and similar
promotional offerings. Any such offering may be subject to such additional terms
as BioCertica may impose in its sole discretion.
6.3 Your order is not complete, and the fees payable are not set, until you have
placed an order. BioCertica will not be liable where a price displayed
changes from the time you place an item into your cart until the time you
make payment.
6.4 Your bank or any additional payment provider you select to make payment, may
charge additional transaction, administrative and/or facilitation fees. BioCertica is
not responsible for any such fees.
6.5 If you pay us with your credit or debit card, BioCertica may need to request
certain additional information from you to verify and/or authorise your payment.
You warrant that you are authorised to use the card you are using to make
payment and that your card will have sufficient funds available to cover the cost
of your purchase.
6.6 You are responsible for repaying to BioCertica any reversed or charged-back
credit card payments within 10 days of BioCertica requesting you to do so.
BioCertica will not be obligated to provide any BioCertica Products and Services
until such payment has cleared.
6.7 If you purchase a Test Kit as part of a BioCertica Package from a Professional
and/or you have requested that a Professional (as explained in paragraph 10)
provide additional interpretation of your Test Result, your payments are made
directly to this Professional and shall be subject to their own terms and
conditions (including the applicable price/fees, refunds and cancellation policy in
relation thereto), to which BioCertica is not a party. BioCertica will not be liable
for any loss or damage suffered by you due to an inability to obtain a
cancellation or refund from such Professional.
6.8 Any payment link that you may receive from BioCertica to facilitate the
payment to a Professional (if and when this functionality becomes
available) will be provided in BioCertica’s capacity as a payment facilitator
for the Professional and not in its capacity as a provider of products and/or
services in terms of these Terms and Conditions.
7. CANCELLATION AND REFUNDS
7.1 Cancellation by BioCertica
7.1.1 BioCertica may cancel your order at any time at our discretion, for any
reason, which we will not be obliged to disclose to you. After notifying you
of the cancelation, you will be refunded the full purchase price paid within
30 days from notice of cancellation by us.
7.1.2 If BioCertica is not able to generate a result based on your DNA sample
returned with your Test Kit after 2 attempts (2 samples), BioCertica will
cancel your order. After notifying you of the cancellation, you will be
refunded the full purchase price paid within 30 days from notice of
cancellation by us.
7.1.3 If BioCertica is not able to generate a Test Result due to instrument or
other failure on BioCertica's part, you will be refunded the full purchase
price paid within 30 days from notice of cancellation by us.
7.1.4 If BioCertica cannot process your results due to your genetic material
(provided upon return of your Test Kit) not meeting the required quality
levels as a result of you not following the Test Kit instructions correctly, you
will not be entitled to a refund.
7.1.5 If BioCertica cancels your order for any reasons set out in this paragraph
7.1, you will not be entitled to submit another sample. If you do so, we will
not be obligated to re-process your sample nor to refund you.
7.1.6 Notwithstanding any cancellation by BioCertica, your genetic material
provided as part of a Test Kit will not be returned to you but will be
destroyed in accordance with paragraph 4.4.
7.2 Cancellation by you
7.2.1 If you choose to cancel an order, you may do so provided that your order
has not yet been processed. BioCertica will refund you in full within 30
days of the written cancellation request being received.
7.2.2 If you choose to cancel an order after the Test Kit has been delivered to
you, you may return the Test Kit to BioCertica at your own expense in its
original, unopened condition. Provided that BioCertica is satisfied that the
Test Kit is unused and unopened, BioCertica will refund you within 30 days,
subject to your payment of a handling fee that will be stipulated upon
cancellation.
7.2.3 You may also cancel an order in the following instances, in which case
BioCertica will refund you within 30 days, subject to your payment of a
handling fee as specified below –
7.2.3.1 after your Test Kit has been collected by BioCertica, but before our
third-party laboratory partners have processed it, subject to your
payment of a handling fee that will be stipulated upon cancellation; or
7.2.3.2 after your Test Kit has been collected by BioCertica and sent to our
third-party laboratory partners, but before you have received your
Test Results, and subject to your payment of a handling fee that will
be stipulated upon cancellation.
7.2.4 Any handling fee charged by us in terms of this paragraph 7.2 will escalate
on 1 January each year.
7.2.5 You cannot cancel your order once our third-party laboratory partners have
processed your DNA sample collected from the Test Kit you return to us, or
you have received your Test Results.
7.2.6 Notwithstanding any cancellation by you, your genetic material provided as
part of a used Test Kit that you return to us, will not be returned to you, but
will be destroyed in accordance with paragraph 4.4.
7.2.7 If you have requested that a Professional provide additional interpretation
of your Test Result, your payments are made directly to this Professional
and any payment to and/or cancellation or refund in respect of the
Professional's fees and services shall be subject to their own terms and
conditions, to which BioCertica is not a party. BioCertica will not be liable
for any loss or damage suffered by you due to an inability to obtain a
cancellation or refund from the Professional.
7.2.8 The BioCertica Platforms allow you to book a consultation for the
interpretation of your Test Result. Should you make use of this functionality,
any cancellation of such consultation needs to be done directly with the
applicable Professional. We are not responsible for any delays or time
overruns that the Professional may be experiencing on the day of your
consultation or for any cancellation of such consultation. Any cancellation
or consultation changes will be communicated to you directly by the
Professional.
8. YOUR TEST RESULT
8.1 You warrant that the genetic material you submit as part of a used and returned
Test Kit is your own (save where you are submitting the genetic material of a
person under the age of 18 in your capacity as their legal guardian or under
another form of lawful authority, in which case you warrant that the genetic
material is that of the relevant person under the age of 18 as indicated by you)’.
8.2 We provide your Test Results in a bespoke encrypted digital format which keeps
it secure. We do not provide the Test Results in any other format and cannot
assist with requests for Test Results in alternative formats.
8.3 We strive to continuously improve the BioCertica Products and Services, which
means we may from time-to-time update, review or amend the BioCertica
Products and Services and the Test Results based on new scientific and
technological developments. We reserve the right to amend your Test Results
after they have been delivered to you, however we are under no obligation to
update your Test Results once they have been delivered to you.
8.4 We partner with experienced scientific professionals to help us render the
BioCertica Products and Services to you in a reliable manner. Together with
these professionals, we determine the genes we should analyse and the genes
we should omit. This means BioCertica may, where your genetic material
submitted to us does not contain the required gene markers tested for,
statistically infer your Test Result by using imputation software. It may also
happen that we are not able to statistically infer your Test Result by using
imputation software, due to factors outside our control. This is unlikely, but where
it does happen, we will include in your Test Result only such data that we could
successfully process.
9. SHARING YOUR TEST RESULT
9.1 Once we have delivered your Test Results to you, it is your responsibility to keep
it secure and confidential.
9.2 If you choose to share your Test Result with any third party, including a
physician, Partner Wellness Merchant or a Professional, you should understand
that this may have serious implications in relation to how those Test Results are
used, including that the Test Result may form part of your medical record, which
may influence your physician’s advice to you, aspects of your insurance and
other implications in relation to, for example, applicable legislation and/or the
common law, which may apply to the use of the Test Result which has been
shared by you.
9.3 Ask your physician what the effect of sharing your Test Result will be before
disclosing it.
9.4 BioCertica will not be liable for any loss or damage suffered by you where
you choose to share your Test Result with a third party.
10. TEST RESULT INTERPRETATION
10.1 If you require additional interpretation of your Test Result, a consultation with a
Professional forming part of the BioCertica network can be booked through the
BioCertica Platforms, in order for such Professional to interpret the Test Results
for you, or you are free to approach a medical professional of your choice.
BioCertica cannot assist with interpretation services.
10.2 Should you decide to use a medical professional other than a Professional to
interpret your Test Results, you will be required to directly share the Test Results
provided to you with such medical professional as such medical professional
does not have access to the BioCertica Platforms or the enhanced version of
your Test Results that is provided to Professionals (as set out in paragraph 10.6).
This is at your own risk and expense.
10.3 We recommend that you complete the BioCertica online lifestyle and medical
questionnaires via our mobile application, whereafter you can be referred to a
Professional.
10.4 Notwithstanding BioCertica referring you to any Professional, BioCertica is not a
healthcare provider and does not provide medical advice or diagnostic services.
10.5 Though BioCertica takes care in assessing the Professionals that form part of its
network, BioCertica is not responsible for the Professionals' designations or their
registrations with their professional bodies, including the maintenance and
renewal of such designations and registrations, or for the Professionals'
compliance with applicable legislation.
10.6 If you have a complaint about the conduct of a Professional, you should report
them to the appropriate professional body and/or follow the appropriate legal
process.
10.7 Should you request a Professional to interpret the Test Results for you,
BioCertica will share an enhanced version of the Test Results with the
Professional and which allows the Professional to provide you with an additional
interpretation of your Test Results. You will be required to follow and complete
the "Share Data" prompts on the BioCertica Platforms prior to BioCertica sharing
the enhanced version of your Test results with the Professional.
10.8 We will also share the medical and lifestyle questionnaires that you have
completed with the Professional, to allow the Professional to provide the
enhanced interpretation service. The Professional cannot provide this service if
you do not agree to us sharing your data with them. All data, including the Test
Results, will be transmitted securely via the BioCertica Platforms.
10.9 The Professional may have their own terms and conditions which apply to your
relationship with them. BioCertica is not bound by these Terms and Conditions,
and it is your responsibility to ensure that you understand any such terms and
conditions before agreeing to them.
10.10 Notwithstanding the fact that BioCertica may (as and when this feature becomes
available) facilitate your payment for the results interpretation session and your
access to the Professional, BioCertica is not a party to the relationship between
you and the Professional and BioCertica's only role is acting as a payment
facilitator. Payment is made directly to the Professional and BioCertica merely
serves as an agent.
10.11 The BioCertica Products and Services allow for a Professional to make
comments and notes in relation to your Test Results, which will be available on
your BioCertica account, however this is at the discretion of the Professional.
10.12 Where a patient-physician relationship comes into existence between you
and the Professional, BioCertica shall not be a party to this relationship.
BioCertica does not employ the Professional and will have no liability for
the acts or omissions of the Professional.
10.13 You are solely responsible for acting on the recommendations made and/or
information provided by a Professional, and BioCertica will not be liable for
any loss or damage suffered by you as a result hereof.
10.14 Notwithstanding the fact that you are able to book a consultation with a
Professional via the BioCertica Platforms, BioCertica does not warrant the
availability of a Professional for interpretation purposes and does not
guarantee your access to such a Professional. The availability and lead
times for access to a Professional is at the discretion of such Professional
and booked consultations may be cancelled or amended at the discretion
of the Professional. BioCertica will not be liable for any loss or damage
suffered by you as a result hereof.
11. VALUE-ADDED SERVICES
11.1 The Value-Added Services can be used to provide you with insights into your
health and to make suggestions for individually tailored supplementation
according to your Test Results. Based on your Test Results, the Value-Added
Services can provide product recommendations and bespoke products based on
your health needs.
11.2 Based on your Test Results you may elect to make use of the Value-Added
Services through the BioCertica Platforms.
11.3 Where you elect to make use of the Value-Added Services you understand that
your Test Results will be shared with a Partner Wellness Merchant in accordance
with a written agreement between BioCertica and the Partner Wellness Merchant
which contains data protection provisions requiring the Partner Wellness
Merchant to safeguard your personal information and to process it in accordance
with applicable laws.
11.4 Your Test Results will be shared with the Partner Wellness Merchant in the
following manner –
11.4.1 In order to make use of the Value-Added Services you will be requested to
provide your consent within the BioCertica Platforms for your Test Results
to be shared with Partner Wellness Merchants.
11.4.2 The Partner Wellness Merchants will analyse your Test Results in
contemplation of (i) recommending over-the-counter Supplement(s)
pursuant to your Test Results; and/or (ii) further interpreting your Test
Results to create a personalised Supplement based on your Test Results.
11.4.3 If you choose not to share your Test Results with a Partner Wellness
Merchant, you will be unable to access the Value-Added Services. We will
not share your Test Results with any third parties, including Partner
Wellness Merchants, without your prior consent.
11.4.4 BioCertica will not be liable to you for any claims or losses of
whatsoever nature arising as a result of anyone else gaining unlawful
access to the BioCertica Platforms, or as a result of BioCertica acting
on an instruction received from you.
11.5 Notwithstanding BioCertica referring you to any Partner Wellness Merchant,
BioCertica is not a healthcare provider and does not provide medical advice or
diagnostic services.
11.6 Though BioCertica takes care in assessing the Partner Wellness Merchants that
form part of its network, BioCertica is not responsible for the Partner Wellness
Merchant's designations or their registrations with their professional bodies,
including the maintenance and renewal of such designations and registrations, or
for the Partner Wellness Merchant's compliance with applicable legislation.
11.7 The Partner Wellness Merchant may have their own terms and conditions which
apply to your relationship with them. BioCertica is not bound by these Terms and
Conditions, and it is your responsibility to ensure that you understand any such
terms and conditions before agreeing to them.
11.8 You are solely responsible for acting on the recommendations made and/or
information provided by a Partner Wellness Merchant, and BioCertica will
not be liable for any loss or damage suffered by you as a result hereof.
12. SERVICE LIMITATIONS
12.1 We offer a variety of tests as part of the BioCertica Products and Services, each
designed to provide insight into varying aspects of your health. Your Test Result
will only include results in respect of the category of Service (and/or Test type)
you selected and paid for, even though it may be possible to produce additional
results from the genetic material you submitted as part of your returned Test Kit.
The Test Result is accordingly limited to the information we could derive from the
genetic material submitted by you as part of your returned Test Kit, and to the
category of Service (and/or Test type) you selected as part of a BioCertica
Package.
12.2 You acknowledge and agree that –
12.2.1 the BioCertica Products and Services are for informational purposes
only. Neither the BioCertica Platforms nor the BioCertica Products
and Services are intended to fulfil a diagnostic function or to provide
care for medical conditions or emergencies and you should consult
your private health care practitioner at all times before making use of
any BioCertica products;
12.2.2 providing BioCertica with genetic material upon your return of a used
Test Kit does not create a physician-patient relationship between you
and BioCertica and the Test Results do not purport to diagnose any
medical condition;
12.2.3 neither the Test Results nor any information provided by BioCertica
to you, whether as part of your registration, general correspondence
or otherwise, shall be construed as medical advice;
12.2.4 if your Test Results indicate a predisposition to a certain condition, it
does not necessarily mean that you will develop that condition. If
your Test Results do not indicate a predisposition to a certain
condition, it does not necessarily mean that you will not develop that
condition;
12.2.5 your Test Results are based on the genetic material you submitted to
us upon your return of a used Test Kit. Your Test Results may become
less relevant, outdated, or inaccurate based on your changing health
condition, the effluxion of time, and/or advances in genetic testing
and biotechnology. BioCertica will not be liable for any loss or
damage suffered by you due to the Test Result becoming inaccurate
or of less relevance on this basis.
12.3 You should consult your primary physician before making any changes to your
health care regime based on the Test Results. BioCertica will not be liable for
any loss or damage suffered by you due to actions taken by you or a third
party pursuant to a Test Result.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
13.1 You acknowledge that the BioCertica Platforms and/or the BioCertica
Products and Services are provided on an 'as is' basis, without any
warranty that the BioCertica Platforms and/or the BioCertica Products and
Services will be free from defects, to the extent that it is lawful to do so,
and that the existence of errors in the BioCertica Platforms and/or the
BioCertica Products and Services alone will not constitute a breach of
these Terms and Conditions by us. In the event of any such defect or error,
your sole remedy will be to cease your use of the BioCertica Platforms
and/or the BioCertica Products and Services.
13.2 BioCertica does not warrant that –
13.2.1 the BioCertica Platforms and/or the BioCertica Products and Services
(or any component thereof) will meet your personal requirements;
13.2.2 the BioCertica Platforms and/or the BioCertica Products and Services
(or any component thereof) will operate in the combinations that you
select for use;
13.2.3 the operation of the BioCertica Platforms and/or the BioCertica
Products and Services (or any component thereof) will be
uninterrupted or error-free; or
13.2.4 that all errors or defects will be corrected.
13.3 No representations or warranties are made or provided in respect of the
information provided as part of the BioCertica Platforms and/or the
BioCertica Products and Services, including in respect of the accuracy of
the information. Your use of the BioCertica Platforms and/or the BioCertica
Products and Services is at your own and sole risk.
13.4 In addition, and to the extent that it is lawful to do so, BioCertica disclaims
all warranties with respect to the BioCertica Platforms and/or the
BioCertica Products and Services, either express or implied, including,
without limitation, warranties of accuracy, non-interruption,
merchantability, fitness for a particular purpose and/or non-infringement.
13.5 In no event shall BioCertica or its affiliates, officers, directors, employees,
agents, service providers or contractors be liable for any special, indirect,
consequential, or incidental damages arising out of, or related to, the
BioCertica Platforms and/or the BioCertica Products and Services, whether
such damages arise in contract, negligence, delict, under statute, in equity,
at law or otherwise.
13.6 In no event shall BioCertica or its affiliates, officers, directors, employees,
agents, service providers or contractors be liable for, without limitation, –
13.6.1 any failure of the BioCertica Products and Services or failure of your
use of the BioCertica Products and Services;
13.6.2 viruses and/or other malicious code that may infect your device by
means of which you access and use the BioCertica Platforms and/or
the BioCertica Products and Services;
13.6.3 your reliance on any material or content provided through the
BioCertica Platforms and/or the BioCertica Products and Services;
13.6.4 any defect, error, failure, fault, delay, or unavailability of the
BioCertica Platforms and/or the BioCertica Products and Services;
13.7 BioCertica will not be liable to you for any claims or losses of whatsoever
nature arising as a result of anyone else gaining unlawful access to the
BioCertica Platforms, or as a result of BioCertica acting on an instruction
received from you.
13.8 We will furthermore not be liable for any default of delay in performance if
and to the extent that such default or delay is caused by any act of God,
pandemic or endemic, government restrictions, war or civil disturbance,
labour unrest, court order, or any other circumstance beyond our
reasonable control, including fluctuations in communication of utility
services, and provided we are without fault in causing such default of
delay, and such default or delay could not have been prevented by us
through the use of alternative economically viable means.
13.9 You agree to defend and indemnify BioCertica and to hold BioCertica and
its officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers, and employees harmless from and
against all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorneys' fees) arising from
your use of and access to the BioCertica Platforms and/or the BioCertica
Products and Services in any manner or format, including without
limitation –
13.9.1 your use of and access to any third-party platforms linked to the
BioCertica Platforms and/or the BioCertica Products and Services;
13.9.2 your violation of any part of these Terms and Conditions;
13.9.3 your violation of any third party right, including without limitation any
copyright, trade mark, trade secret or other property, or privacy right;
and/or
13.9.4 any claim that your use of the BioCertica Platforms and/or the
BioCertica Products and Services caused damage to a third party.
13.10 BioCertica's liability toward you shall, to the fullest extent permitted by
applicable law, be limited to an amount equal to 500% of the amount paid
by you to BioCertica in the 12 months immediately preceding the date
upon which the liability arose.
13.11 This defence and indemnification obligation will survive termination,
modification or expiration of these Terms and Conditions and your use of
the BioCertica Platforms and/or the BioCertica Products and Services.
14. LICENCE AND USAGE TERMS
14.1 You may use the BioCertica Platforms and/or the BioCertica Products and
Services only for private, personal purposes that are legal, and you must not (nor
will you allow or cause any third party to) –
14.1.1 resell or attempt to resell, on-sell, or distribute the Test Kits, Test Results,
or any part of the BioCertica Products and Services in any way;
14.1.2 tamper with, disassemble, decompile, reverse engineer, edit, attempt to
derive the source code of or modify the BioCertica Platforms and/or the
BioCertica Products and Services;
14.1.3 use or exploit the BioCertica Platforms and/or the BioCertica Products and
Services for commercial gain under any circumstances whatsoever or copy
the BioCertica Platforms and/or the BioCertica Products and Services;
14.1.4 sublicense, distribute, export, or resell the BioCertica Platforms and/or the
BioCertica Products and Services (whether in whole or in part) or otherwise
transfer any rights therein; or
14.1.5 exercise any other right to the BioCertica Platforms and/or the BioCertica
Products and Services not expressly granted in these Terms and
Conditions.
14.2 You are granted a revocable, non-transferable, non-exclusive, limited licence to
use the BioCertica Platforms to receive the BioCertica Products and Services for
personal, private use.
14.3 The BioCertica Platforms may incorporate open-source software, the terms of
which may override or supplement these Terms and Conditions. The relevant
mobile application store from which you downloaded the BioCertica mobile
application may have its own terms and conditions, which are separate from
these Terms and Conditions.
14.4 You are responsible for telecommunications, internet and other costs
related to downloading and making use of the BioCertica Platforms, and
for obtaining permissions to use the BioCertica Platforms and BioCertica
Products and Services on any device.
14.5 You are responsible for the security of the device used to access and/or
use the BioCertica Platforms and BioCertica Products and Services and
BioCertica will not be responsible for any damages or losses suffered by
you, including in relation to the damage or destruction of data, as a result
of the lack of appropriate security on such device.
15. INTELLECTUAL PROPERTY
15.1 BioCertica and/or its valid licensor(s) own all right, title and interest in and to the
BioCertica Content, including the BioCertica Platforms and/or the BioCertica
Products and Services, and all information, documentation, Intellectual Property
Rights and/or proprietary products, made available via the BioCertica Platforms
and/or the BioCertica Products and Services. No licence or other right or interest
in or to the BioCertica Content, including the BioCertica Platforms and/or the
BioCertica Products and Services is granted to you, except for the licence rights
specifically set forth herein.
15.2 By communicating with BioCertica or sharing any information with BioCertica,
you grant BioCertica a royalty-free, perpetual, irrevocable, non-exclusive licence
to use, reproduce, modify, publish, edit, translate, distribute, perform, and display
the communication, content, or any information therein alone or as part of other
works in any form, media, or technology, whether now known or hereafter
developed, for any purpose.
15.3 BioCertica retains ownership in all BioCertica Content (including your Test
Results), generated during the provision of the BioCertica Products and Services
to you and you are granted a limited licence in respect of such BioCertica
Content for your personal use only, and only to the extent of the Service
component that you have selected and paid for.
16. INFORMATION SECURITY
16.1 We have put in place procedures to deal with any suspected security breaches in
respect of the BioCertica Platforms and will notify you and any applicable
regulator of a suspected breach or unauthorised disclosure where we are legally
required to do so.
16.2 We will do our best to protect your information, and we will use technology that
will help us to do this, including through the use of encryption technology,
however, the transmission of information via the internet is not completely secure
and we cannot guarantee the security of your information transmitted to or via
the BioCertica Platforms.
16.3 Any transmission of your information on the BioCertica Platforms is entirely at
your own risk. Once your information is received by the BioCertica Platforms, we
and/or our third-party service providers shall use strict procedures and security
features to try and prevent unauthorised access.
16.4 You are responsible for the activity occurring under your account on the
BioCertica Platforms, and it is your responsibility to keep your accounts,
passwords and devices secure and protected.
17. THIRD-PARTY LINKS
17.1 We may use third-party service providers to monitor our users’ interests. In
addition, the BioCertica Platforms may occasionally contain links to third-party
platforms. If you click on the links to third-party platforms, you leave the
BioCertica Platforms.
17.2 We are not responsible for the content of these third-party platforms or for the
security of your information when you use the third-party platforms. These
third-party service providers and third-party platforms may have their own terms
and policies governing the security and retention of your information that you
may be subject to.
17.3 These Terms and Conditions do not govern information provided to, stored on, or
used by these third-party providers and third-party platforms. We recommend
that, when you enter a third party's platform, you review its terms and privacy
policy.
17.4 By using the BioCertica Platforms, you agree that we are not liable for any
of the following ―
17.4.1 the content, security, operation, use, accuracy, or completeness of any
third-party platforms; or the products or services that may be offered or
obtained through them; or the accuracy, completeness, or reliability of any
information obtained from a third-party platform;
17.4.2 the ownership or right of use of any licensor of any software provided
through any third-party platform;
17.4.3 any content featured on a third-party platform that is accessed through the
links found on our BioCertica Platforms; and/or
17.4.4 any failure or problem that affects the products or services of a third-party
platform, for example any telecommunication service provider, internet
service provider, electricity supplier, local or other authority.
18. YOUR BIOCERTICA ACCCOUNT
18.1 We will use reasonable endeavours to maintain the availability of the BioCertica
Platforms and/or the Service(s), except during scheduled maintenance periods,
and reserve the right to discontinue, terminate, suspend and/or modify the
BioCertica Platforms and/or the Service(s) or any part thereof with or without
notice to you. BioCertica will have no liability to you in such instance, save
for a duty to refund any amounts paid by you in respect of BioCertica
Products and Services not yet rendered at the time of termination.
18.2 You agree to adhere to these Terms and Conditions and to conduct yourself in a
respectful, lawful manner on the BioCertica Platforms. You agree that you will
not, through your use of the BioCertica Platforms and/or the BioCertica Products
and Services, –
18.2.1 infringe or violate the rights, including the Intellectual Property Rights, of
any third party;
18.2.2 distribute any form of marketing or other unsolicited material to any third
party; or
18.2.3 post or transmit content that is defamatory, unlawful, hateful, obscene,
abusive, or slanderous toward any third party.
18.3 You acknowledge that BioCertica reserves the right to suspend and/or terminate
your access to the BioCertica Platforms and/or the BioCertica Products and
Services should you contravene any of these terms. BioCertica will not be
liable for any loss or damage you suffer due to your inability to access the
BioCertica Platforms and/or the BioCertica Products and Services where
BioCertica terminates your access on this basis.
18.4 BioCertica reserves the right to suspend or terminate your use of the BioCertica
Platforms and/or the BioCertica Products and Services should BioCertica learn
that you are under the age of 18 and that a parent or legal guardian has not
consented to your use of the BioCertica Platforms and/or the BioCertica
Products and Services and agreed to be bound by these Terms and Conditions
on your behalf.
18.5 You warrant that all the information you provide to BioCertica, whether by way of
the BioCertica Platforms or as part of the BioCertica Products and Services, is
up to date and correct.
18.6 Your account is personal to you, and you may not allow third parties to use your
account.
18.7 You can delete your BioCertica account at any time by following the prompts on
the BioCertica Platforms.
19. DISPUTE RESOLUTION AND GOVERNING LAW
19.1 Any disputes that may arise hereunder shall be governed by the laws of South
Africa. All proceedings, which may arise out of, or in connection with, these
Terms and Conditions shall be brought solely in the Western Cape Division of the
High Court in South Africa.
19.2 You agree that if there is any dispute in respect of these Terms and Conditions,
we will attempt to first resolve the dispute informally by engaging with you.
Please contact our service manager at info@biocertica.com if you wish to notify
us of a dispute. Should this informal dispute resolution process fail, the dispute
may be referred to arbitration in accordance with the rules of the Arbitration
Foundation of South Africa. This will not preclude BioCertica or yourself from
obtaining interim relief on an urgent basis from a court of competent jurisdiction
pending the decision of the arbitrator.
19.3 If you breach these Terms and Conditions, we may take such action, including
legal action, as we deem appropriate. All costs, charges and expenses which
may be incurred by us in enforcing our rights including, without limitation, legal
costs on the scale as between an attorney and own client and collection
commission, shall be recoverable from you if the above rights are successfully
enforced.
19.4 It is not intended that any part of these Terms and Conditions contravene any
provision of any legislation which may apply including in respect of healthcare,
health professions, electronic transactions and/or consumer protection.
Therefore, all the provisions of these Terms and Conditions must be treated as
being qualified, to the extent necessary, to ensure that the provisions of
applicable legislation are complied with. No provision of these Terms and
Conditions does or purports to –
19.4.1 limit or exempt us from any liability to the extent that the law does not allow
such a limitation or exemption;
19.4.2 requires you to assume risk or liability for a liability or loss to the extent
that the law does not allow such an assumption of risk or liability;
19.4.3 limits or excludes any warranties or obligations which are implied into these
Terms and Conditions by the Consumer Protection Act No 68 of 2008
and/or the Electronic Communications and Transactions Act 25 of 2002, or
other applicable laws.
20. SEVERABILITY
All provisions of these Terms and Conditions are, notwithstanding the way they have been
grouped together or linked grammatically, severable from each other. Any provision of
these Terms and Conditions which is or becomes unenforceable in any jurisdiction,
whether due to voidness, invalidity, illegality, unlawfulness or for any other reason
whatever, shall, in such jurisdiction only and only to the extent that it is so
unenforceable, be treated as pro non scripto (as if not written herein) and the
remaining provisions shall remain of full force and effect.
21. WHOLE AGREEMENT
21.1 These Terms and Conditions, as read with the Privacy Policy, constitute the
entire and only agreement between BioCertica and you and supersedes all prior
or contemporaneous agreements, representations, warranties, and
understandings concerning the BioCertica Platforms and/or the BioCertica
Products and Services.
21.2 We reserve the right to modify or amend these Terms and Conditions at any time
without notice. Your continued use of the BioCertica Platforms and/or the
BioCertica Products and Services signifies your acceptance of these Terms and
Conditions, as amended from time to time.
22. ASSIGNMENT
22.1 Neither these Terms and Conditions nor any part, share or interest therein nor
any rights or obligations hereunder may be ceded, delegated, or assigned by you
without the prior signed written consent of BioCertica.
22.2 BioCertica reserves the right to cede its rights or delegate its obligations without
your prior written consent where such action is pursuant to a sale of business,
sale of shares, or change of ownership in BioCertica or its holding entities or
pursuant to any internal reorganisation or amalgamation in respect of BioCertica
and/or any of its holding entities.
23. HOW TO CONTACT US
23.1 If you have any questions, comments and/or requests about these Terms and
Conditions, please contact us at info@biocertica.com with "Terms and
Conditions" in the subject line or call us on (021) 300 6387.
23.2 To assist in resolving technical problems with the BioCertica Platforms and/or the
BioCertica Products and Services, we provide access to a help function powered
by "FreshDesk" which is available via our website. We will respond to all support
queries logged using FreshDesk within a reasonable period.
24. ADDITIONAL INFORMATION
24.1 Our full name: BioCertica Proprietary Limited
24.2 Registration Number: 2012/109992/07
24.3 Physical Address: BioCertica, Suite B03 La Concorde Building, 57 Main Road,
Paarl, 7646, Western Cape, South Africa
24.4 Telephone Number: 021 300 6387
24.5 Website Address: www.biocertica.com
24.6 E-mail Address: info@biocertica.com
24.7 Membership of any self-regulatory or accreditation bodies: None
24.8 Codes of conduct to which we subscribe: None
24.9 Category of services: Biotechnology
Last updated on [25/11/2022].