The following pertains to the terms and conditions applicable to the Diagnostic and DNA profiling services via CEN4GEN Institute for Genomics and Molecular Diagnostics, under the trade name of CEN4GEN and unless specifically excluded in writing by CEN4GEN.
CONTRACTUAL AGREEMENT
The term “Client” herein refers to the subject, authorized subject’s representative, authorized third party representative, patient, patient’s guardian, or medical institution that pays in full for the services requested and rendered via CEN4GEN. Healthcare representative(s) herein refer(s) to the individual(s), third party representative(s) or medical institution(s) in charge of the clinical management and clinical counselling of the patient/client. A contractually binding agreement between the Client, healthcare representative(s) and a service with CEN4GEN is conferred by an agreement with the pricing, median turnaround times, test specifications, service terms and conditions, consent forms, requisition forms, and other relevant documentations and agreements among the Client, healthcare representative(s) and CEN4GEN. However, such binding agreement is constituted after it is approved and acknowledged by CEN4GEN via an issuance of an order confirmation and/or commencement of the ordered diagnostic or DNA profile test. Unless otherwise deemed, it is interpreted by CEN4GEN that the Client and healthcare representative(s) agree to the Terms and Conditions and other relevant documents and specifications provided, issued or set by CEN4GEN. Unless documented otherwise or required by Canadian law, CEN4GEN has no contractually binding agreement with the client, from whom any samples or materials were obtained and provided to CEN4GEN.
These terms and conditions, their interpretations, and the performance of the parties are governed by the laws of the province of Alberta, Canada. CEN4GEN, the Client and healthcare representative(s) agree that the United Nations Convention on Contracts for the International Sale of Goods or Services do not apply to these terms and conditions, including any terms in this Documentation.
All contractual agreements between CEN4GEN, the Client and healthcare representative(s) are interpreted to be made and governed by the Canadian substantive law. Any clause of the CEN4GEN service agreement that is declared invalid must be deemed severable and will not affect the enforceability or validity of the remainder of CEN4GEN service terms of use. Should there be the need of an arbitration, the jurisdiction must (i) be held in the Regional Court of Alberta, Canada, (ii) be conducted in the English Language, and (iii) before one arbitrator who has at least 5 years of experience in handling disputes similar to the dispute to be arbitrated, in order to adjudicate any and all disputes arising from the contractual relation or damages for whatever reason between the Client, healthcare representative(s), and CEN4GEN.
DISCLAIMER OF CONTENT
The information contained on the CEN4GEN website pertaining to diagnostic, DNA profiling and personalized medicine services is directed towards healthcare professionals and the clients. However any client or healthcare personnel must exercise his/her own clinical or non-clinical judgment before, during and after availing CEN4GEN services. The agreement is not supposed to create any doctor-patient relationship and no liability is incurred in case the patient places a sole reliance on the advice of the staff of CEN4GEN. CEN4GEN specifically disclaims any liability arising out of the use or reliance of the information provided on the website.
DIAGNOSTIC AND DNA PROFILING SERVICES, BILLINGS AND PAYMENTS
The Client accepts that the CEN4GEN clinical service shall be a physician’s prescribed diagnostic service, and no clinical reporting shall be sent directly to him/her, but instead to the healthcare representative(s) or institution that initially prescribed or is in charge of the clinical management of the Client. However, CEN4GEN non-clinical DNA profiling services can be directly requested by clients and testing results transmitted directly to them.
CEN4GEN reserves the right to augment, change or modify its services, types of diagnostic or DNA profiling tests, prices and other confounding items, at any given time. However, any quotations for prices and test descriptions or listings provided by CEN4GEN to the Client and healthcare representative(s) are valid for thirty (30) days from the date issued (unless otherwise specified in writing by CEN4GEN). The quoted prices provided by CEN4GEN are applicable only to whatever test is requested and in accordance with any relevant specifications and documentations provided at the time of quotation. CEN4GEN is not bound to pricings for any subsequent testing, repeated testing or revised testing as requested by the Client and/or his/her healthcare representative(s) until a contractual or revised agreement has been entered into and been accepted by CEN4GEN.
Prior to the ordering or commencement of any test, the client’s consent and terms of service forms provided by CEN4GEN must be reviewed and signed by the relevant personnel listed in such documents. Neither test nor billing for a test (including the original shipment and handling fees, and other applicable customs tariffs and service taxes, for the shipment of specimen collection kits from CEN4GEN to Client) be executed if such documentation is not fulfilled. Upon the complete reception of all necessary Client’s documentation and specimen, the Client will be immediately billed and be responsible for the full payment of the ordered test, including any applicable service taxes. Furthermore, payments for any of CEN4GEN’s tests are not dependent on the agreement and/or approval of a third party.
Should the Client’s test repeatedly fail due to low quality, low amounts of DNA initially provided by the Client and healthcare representative(s), or other confounding factors, then additional fees are to be incurred to the Client such as for specimen re-processing and for further shipment costs related to and including specimen collection kits to and from CEN4GEN, in an effort to maximize the success of the test, and the client and healthcare representative are deemed to acknowledge that the median turnaround time for the specified test be extended by the delays in further shipping and handling. However, if repeated diagnostic testing on different specimens supplied by the Client eventually fail, then the Client is refunded the cost for the test excluding any initial shipping and handling, applicable customs tariffs and administrative fees. CEN4GEN is not responsible for any full or partial refund if the client’s specimen(s) fail(s) to produce results that are of unknown significance, lack interpretation, or otherwise completely fail for a DNA profiling service. Compromised / unspecified / suspected sample(s) submitted by the client and/or healthcare representative for a diagnostic or DNA profiling test is not encouraged and is deemed a violation of ethical standards and subjected to legal action by CEN4GEN. Payments to CEN4GEN for any diagnostic or DNA profiling services are not contingent/conditional on any other agreement approved by any other third party.
CEN4GEN bears no liability for any generalizations, assumptions or conjectures stipulated by the Client, healthcare representative(s) or others pertaining to its operations, diagnostic (and DNA profile) tests, and diagnostic (and DNA profile) reports. Should the Client and healthcare representative(s) desire a test or its report to be repeated, verified or have any concerns/complaints/claims regarding the service, the Client and healthcare representative(s) must notify CEN4GEN within twenty (20) days starting from the day when the Client and healthcare representative(s) were transmitted the report by CEN4GEN. Failure to notify CEN4GEN during this twenty (20) day period is deemed an acceptance of the CEN4GEN diagnostic (and DNA profile) test and report by the Client and healthcare representative(s), and the concerns/complaints/claims are deemed invalid. However, an applicable fee is incurred to the Client, should the Client and healthcare representative(s) request a diagnostic (and DNA profile) re-test or verification of the report initially provided, and the Client will be responsible for full payment of applicable fees to be set by CEN4GEN, before such requested service commences.
TAXES, SHIPMENT AND HANDLING FEES
The Client is solely responsible for the full payment of fees and including any applicable administrative/handling charges, customs tariff and service tax, associated with any shipment of specimen collection kits from CEN4GEN to the Client or Client’s referring healthcare representative and likewise any material from the Client to CEN4GEN.
Apart from the responsibility of CEN4GEN to ensure and practise meticulous care in its handling and protection of any relevant specimens and materials provided by the Client and healthcare representative(s), CEN4GEN has no further liability with respect thereto. The Client and healthcare representative(s) must strictly adhere to the specifications of testing materials/specimens, and shipment protocols or terms set by CEN4GEN. CEN4GEN is not liable for any damages or delays of the shipment of specimen, materials and documentations provided by the Client and healthcare representative(s). Should the Client’s specimen and materials be deemed by CEN4GEN to be damaged or with significant degradation in quality/integrity for testing or examination, the Client and healthcare representative(s) will be informed to re-send another specimen and material, and be responsible for the full payment of fees including any applicable administrative/handling charges, customs tariff and service tax, associated with any re-shipment of specimen collection kits and materials from CEN4GEN to the Client or the Client’s referring healthcare representative(s) and likewise any specimen and material from the Client to CEN4GEN. At this time, the Client and healthcare representative(s) will be given the option to cancel the test, and no further costs be incurred or billed except the initial shipment charges to be paid to CEN4GEN by the client.
Unless otherwise instructed, CEN4GEN retains the title to and possession of all materials and specimens provided by the Client and healthcare representative(s). However, should any specimens and/or materials be requested to be returned to the Client and healthcare representative(s) before the test commences or after the test concludes, such be done at an additional fee set by CEN4GEN and incurred to the Client, and be pertained to any applicable administrative/ handling charges, customs tariff and service tax, associated with any re-shipment. However, the Client and healthcare representative(s) is/are advised that no remnants of the specimen could likely remain after testing is complete.
TURNAROUND TIMES
Turnaround times are the median times to obtain a diagnostic or DNA profile report commencing from the time CEN4GEN receives the Client’s specimen, materials and/or all relevant accompanying documents. The Client and healthcare representative(s) accept(s) that CEN4GEN is not liable for any unexpected factors, including acts of God (flooding, fires, winter storms, earthquakes, etc), labour strikes, or any other causes which are beyond the control of CEN4GEN, during the testing and reporting process which could potentially delay the turnaround times.
PATIENT SAMPLE, MATERIALS AND DATA
CEN4GEN does not guarantee the future availability of specimen. Any requests for additional diagnostic tests must be ordered by the referring healthcare practitioner or institution, and such charges be incurred to the Client, and at a fee to be set by CEN4GEN. Any requests for additional DNA profiling tests must be ordered by the Client, and such charges be incurred to the Client, and at a fee to be set by CEN4GEN. Once the test is complete, identifying information is removed and remaining samples may be used for de-identified laboratory purposes. These samples are not to be made available for future laboratory studies, unless other circumstances dictate. Hence, any results obtained cannot be related back to the original source, and therefore no results can be reported. CEN4GEN has no obligation to retain the Client’s and healthcare representative(s)’ sample, materials, diagnostic data, DNA profile data, or report beyond its normal retention period of one year unless so required by applicable regulations/law, or agreement with the Client and healthcare representative(s).
INTELLECTUAL PROPERTY
All kinds of Intellectual Property including any Copyright, Trademark, Patent, Designs and other Rights attributable to this website are the sole property of CEN4GEN. The materials available on this website are accessed or downloaded only for non-commercial or educational purpose and within the scope allowable by these Terms. Any unauthorized or infringing use of the materials on this website by any third party or non-licensed person will be penalized unless it is intimated to CEN4GEN at the earliest. None of the Trademarks or Service Marks or logos appearing on the website of CEN4GEN or any sub-domains of CEN4GEN is to be used for advertising or commercial purposes unless consented by CEN4GEN.
INDEMNITY, LIMITATION OF LIABILITY AND FORCE MAJEURE
The limitations and risks associated with the diagnostic and DNA profiling services of CEN4GEN are stated in each respective Consent form for the Diagnostic or DNA profiling test to be ordered as well as in this terms and conditions of service agreement, and such test and report are not necessarily characteristic of the qualities of identical or similar test, or operating conditions. Such limitations and risks are agreed to by the Client and healthcare representative(s) as a prerequisite in establishing a binding contractual agreement between CEN4GEN and the Client. CEN4GEN (which includes its directors, officers, staff, affiliates) makes no undertakings, conditions, inducements, representations, warranties, promises or agreements of any kind whether expressed, direct, indirect or implied, including without limitation, the originality, condition, completeness, satisfactory quality, timelines, non-infringement, or accuracy of services, data, conclusions or other confounding factors arising from the services of CEN4GEN. CEN4GEN, its directors, officers, employees and affiliates assume no responsibility to the client and healthcare representative for the consequences of any errors or omissions.
Diagnostic and DNA profiling services rendered via CEN4GEN are undertaken with meticulous care and standards given the current state of knowledge, technology and data analysis tools at the time the test has been requested by the Client and healthcare representative. The Client and healthcare representative(s) must defend, indemnify and hold harmless CEN4GEN and its directors, officers, affiliates and staff from and against any and all liabilities, damages, claims, actions, costs, demands, death, injury to body or health, suits and expenses (including legal fees and expenses) as well as liabilities of whatever nature or kind suffered, asserted by or incurred by third parties originating from and out of the contractual services with CEN4GEN, including but not limited to any allegation that the client or healthcare representative did not have any legal right to submit said specimen(s) for testing. The client and healthcare representative(s) agree to accept his/her/their own liability to indemnify against himself/herself/themself for any direct liability, damage, loss, and expense (including legal fees and expenses) pertaining to any claim, suit, regardless of merit brought against him/her/them for any and all damages that have been caused by the Diagnostic and DNA profiling services of CEN4GEN.
All expressed or implied warranties including any warranties of merchantability or fitness for a particular purpose are disclaimed by CEN4GEN. Furthermore, CEN4GEN under any legal theory (including but not limited to negligence, contract, strict liability in tort or warranty of any kind) is not to be held liable for any indirect, direct, consequential, special, incidental, or exemplary damages (including but not limited to lost profits), relating to the Diagnostic and DNA profiling services of CEN4GEN, or any other cause even if caused by the negligence of CEN4GEN and its directors, officers, employees and affiliates, regardless of whether such damages could have been foreseen or prevented. In the event CEN4GEN is found liable, damages are limited only to the value paid by the client for the service or test conducted. The limitations and exclusions of this service agreement apply to the client or authorized representative of the client to the fullest extent that applicable law permits in all actions of any kind, whether based on contract, tort (including without limitation and negligence) or any other legal or equitable theory. In fact, the entire risk as to the use of the services of CEN4GEN must be accepted by the Client and healthcare representative(s).
CEN4GEN periodically modifies or updates its Terms and Conditions of Service and you are requested to follow them and you are further be bound by the changes made, after three(3) days from the date they are notified on the website.
2015/06/01
