DISCLAIMER & TERMS
DISCLAIMER & TERMS:
BioPharma Institute offers drug and alcohol assessment testing and DNA relationship testing services to professionals and consumers. Although the Institute does provide support for these services, it is the responsibility of the consumer to understand the utility of these tests, the limitations these test have, and the consequences from using these tests.
PRICING AND REFUNDS:
BioPharma Institute’s policy is to always charge the full amount for testing upfront. A partial refund will only be provided if the specimen collection and/or laboratory testing do not take place. The amount of the refund is determined by the cost of the services that have been provided. Any collection kit(s) which were shipped, shipping costs, and/or specimen collection costs that have occurred will be deducted from the amount paid to calculate the refund amount. Because donors may cause delays in the collection process, which it not an uncommon occurrence that donors may take several months to get collected, the Institute does have a policy which guarantees the pricing for 6 months from ordering. If specimens are not collected within 6 months, we will reimburse the fee collected, less any costs, mentioned above, which have occurred.
Terms and Conditions for Services
The following Terms and Conditions apply to hair and/or DNA specimen testing services provided by BIOPHARMA INSTITUTE, and offered from website domains such as, but not limited to, AmericanPaternity.com, AbuseCheck.com, and LabDraw.com.
“BIOPHARMA INSTITUTE” means “GENETREE INCORPORATED “.
“Services” means the provision of laboratory analysis of specimens the Client provides to BIOPHARMA INSTITUTE.
“Client” means the person(s) or legal entity that purchases Services from BIOPHARMA INSTITUTE and/or any test participant who submits specimens to BIOPHARMA INSTITUTE for Services or the legal guardian.
2.1 By submitting specimens or payment to BIOPHARMA INSTITUTE, the Client agrees to the Terms and Conditions for Services.
2.2 The Services provided by BIOPHARMA INSTITUTE are solely for the use of the Client. BIOPHARMA INSTITUTE makes no representation, expressed or implied that the result of the Services is useful for any purpose other than the Service purchased by the Client.
2.3 BIOPHARMA INSTITUTE does not guarantee that the specimens provided by the participant shall be suitable for Services, or that Services shall provide a result. Specimens submitted to BIOPHARMA INSTITUTE will not be returned.
2.4 BIOPHARMA INSTITUTE reserves the right to use any third party of its choice, if necessary, to perform any portion of the Services purchased by Client.
2.5 BIOPHARMA INSTITUTE reserves the right to perform Services using methods and processes that BIOPHARMA INSTITUTE deems appropriate.
2.6 For specimens collected in New York State or State of Maryland, an Authorizing Agent may be required to authorize the Services. In these cases, the Authorizing Agent may also receive test results.
2.7 Guidance for interpreting the results can be obtained by contacting BIOPHARMA INSTITUTE.
2.8 For specimens collected via Chain-of-Custody, BIOPHARMA INSTITUTE rigorously follows recognized standards for court-admissible test results. While BIOPHARMA INSTITUTE test results can be accepted by courts worldwide, each court (or judge) ultimately determines admissibility.
3.1 Payment in full is required before Services can begin. Payments can be made with a valid credit/debit card, check, cashier’s check, or money order.
4.1 Access to order information and results requires an email address when ordering. The Client agrees that BIOPHARMA INSTITUTE, its affiliates, its contractors, its distributors, and its suppliers will not be liable for access to order information and results.
4.2 Order information and results of Services are accessible by the Client. Order information and results of Services are also accessible by a test participant’s legal guardian, even if the legal guardian is not a participant in the test.
4.3 BIOPHARMA INSTITUTE may use email and/or text messaging to convey order status as requested. Standard email or text messaging is not securely encrypted, and the Client agrees that BIOPHARMA INSTITUTE is not responsible if personal information is breached when communicating via email/text message.
4.4 Notwithstanding anything in section 4, all data, forms, customer information, or other information submitted to BIOPHARMA INSTITUTE by the Client will be stored by BIOPHARMA INSTITUTE in hard copy and/or electronic form, with case access provided to the Client, to BIOPHARMA INSTITUTE, and to government agencies if required by law or accreditations.
- Warranties and Indemnity
5.1 The Client warrants that he/she is legally entitled to perform any act either directly or indirectly to obtain, possess, and provide the specimens necessary for BIOPHARMA INSTITUTE to perform the Services purchased by the Client.
5.2 The Client shall indemnify BIOPHARMA INSTITUTE, its affiliates, its contractors, its distributors, and its suppliers against all costs, claims, demands, expenses and liabilities of whatsoever nature that may arise from Services provided to the Client.
- Disclaimers and Liabilities.
6.1 BIOPHARMA INSTITUTE does not warrant to Client: (a) that the Services provided by BIOPHARMA INSTITUTE shall meet the expectations of the Client; or (b) that Services shall be free from minor defects or errors (such as typos or printing errors) that do not materially affect the Guaranteed Accuracy of test results.
6.2 Further, in no event shall either BIOPHARMA INSTITUTE, its affiliates, its contractors, its distributors, and its suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.
6.3 Client agrees that any and all liability of BIOPHARMA INSTITUTE, its affiliates, its contractors, its distributors, and its suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by BIOPHARMA INSTITUTE for such Services.
- Third Parties.
A person who is not the Client of BIOPHARMA INSTITUTE has no right to enforce any of these Terms and Conditions.
- Governing Law.
The construction, validity, and performance of these Terms and Conditions shall be governed in all respects by the State of New Jersey, USA Law and be subject to the exclusive jurisdiction of the State of New Jersey, USA Courts.
- Refund Policy.
A refund may be considered if a written request for refund is submitted to BIOPHARMA INSTITUTE before Services have been initiated; no refund shall be considered if Services have been completed.
- Guaranteed Accuracy.
10.1 BIOPHARMA INSTITUTE guarantees accuracy of DNA testing when specimens are properly collected and submitted to the laboratory for Services.
10.2 The Client, in cases of DNA testing specimens, must inform BIOPHARMA INSTITUTE if: (a) possible fathers are related; (b) any participant has received a blood transfusion or an allogeneic hematopoietic stem cell (HSCT) transplant (such as a bone marrow transplant). BIOPHARMA INSTITUTE can only guarantee accuracy if such conditions are brought to its attention prior to providing Services.
10.3 BIOPHARMA INSTITUTE shall not be held responsible for improper or fraudulent submission of self-collected DNA or hair specimens.
10.4 To contest DNA testing accuracy, the Client must provide a paternity test report from an accredited laboratory supporting the claim within sixty (60) days from the BIOPHARMA INSTITUTE paternity test report date. BIOPHARMA INSTITUTE may, at its discretion, re-perform Services at no cost to the Client to confirm results, or provide a refund for Services, as described in Section 6.3.