User Agreement

1. DEFINITIONS

1.1 The "Company" is BioGenetic Costa Rica.

1.2 The "Client" is a private individual, a company or a legal or independent entity requesting a Service.

1.3 The "Designated Person" is the person named in the consent form and to whom the results will be sent.

1.4 "Sample Collector" is the person who collects the Samples.

1.5 "Service" is any Company DNA test(s) or genetic test(s) announced by the Company.

1.6 "Request for a Test" is when a request for a Service is made to the Company either in person, by telephone, e-mail, mail or by any other method.

1.7 "Price" is the cost listed in the Company's current list of Services and prices.

1.8 "Kits" are the sampling kits offered by the Company to the Client.

2. APPLICATION OF TERMS AND CONDITIONS

2.1 These terms and conditions apply to the exclusion of all other terms and conditions, including any which the Customer intended to apply under any contract, purchase of a Service, confirmation of purchase or similar document.

2.2 Any purchase of Services shall be deemed to be an offer by the Customer to purchase such Services pursuant to these terms and conditions. The Company shall not be deemed to have accepted any offer until the Customer has paid for the Service ordered. Payment shall be deemed conclusive evidence of the Customer's acceptance of the Service under these terms and conditions.

3. SCOPE OF THESE TERMS AND CONDITIONS

3.1 No other terms and conditions not included in these terms and conditions shall be incorporated into or form part of these terms and conditions except as agreed in writing between the Client and any authorised person of the Company.

3.2 If any part of these terms and conditions is held to be unreasonable, void or unenforceable in any legal, arbitration or similar proceedings, it is the intention of the contracting parties that the performance of the remaining parts of these terms and conditions shall not be affected.

4. RESPONSIBILITY OF THE COMPANY

4.1 Wherever possible, the Company shall endeavor to provide testing performed by a laboratory accredited under ISO 17025 and/or AABB standard.

4.2 The Company shall endeavor to send the test results to the Designated Person within the timescales indicated for Standard and Express Services. The times indicated by the Company are calculated from the receipt of the samples at the laboratory and not from the time the samples arrive at any of the administrative offices or our agents.

4.3 The Company will generally send the kits to the Client via standard mail, unless the Client has requested another form of shipment. The cost of shipping is included in the Price of the test. For some tests, other shipping methods may be used. The Company is not responsible for any delays caused by the Postal or Parcel Service. It is the Customer's responsibility to inform the Company if the kit has not been received within the reasonable shipping time by the postal system of the country in which it is located.

4.4 If through no fault of the Client or Sample Collector the kit sent by the Company is damaged or the sterile packages may have become contaminated, the Company will provide a new kit free of charge. The Customer shall return the defective kit(s) for the Company's disposal and shall bear the cost thereof as well as clearly marking it as defective.

4.5 The Company will only send one kit per Test Request. Additional kits on request will be at additional cost.

4.6 If through no fault of the Company the samples provided by the Client are not sufficient to generate a DNA profile or are contaminated, a charge will be applied to retest.

4.7 The Client understands and agrees that the Company does not guarantee the provision of conclusive results for DNA relationship testing. It will not be possible to predict the outcome of the relationship test until it is completed. Therefore, The Company cannot reimburse Clients who receive an inconclusive result.

4.8 The Client understands that, although the analysis that the Company performs is highly accurate, as with any other test there is a possibility of error or omission. Accordingly, the Client understands and agrees that in the event the Client brings a claim for damages suffered as a result of any act on the part of the Company, whether due to negligence or otherwise, the Company's liability shall not exceed the cost paid for the test and agrees to hold the Company and its agents, office staff and employees harmless from liability in future claims. The Client's rights hereunder shall be subject to the Client notifying the Company of any errors or omissions within thirty days of sending the report of results to the Designated Person via email or mail. Any liability arising from this clause (4.8) shall be limited to the cost of the Service that was contracted for.

4.9 The Company shall not be liable for any loss or damage suffered by the Client or any other person as a result of the notification of test results to the Designated Person or other authorized persons, unless the Company has been negligent.

4.10 The Company shall not be liable for any delay or failure in the testing process of the Services due to causes beyond its control, including but not limited to acts of God, drought, flood, storm, war, industrial action, strike, lockout, network or system access, fire, explosion, terrorism, theft or other causes beyond its control.

4.11 The Company reserves the right to refuse to offer its Services if it has reasonable grounds to believe that biological samples have been or will be obtained illegally or that the results will be used for illegal, inappropriate or unethical purposes or there is a conflict of interest with a previous Client, or because the quality of the Company's Services may be affected, or has other grounds to do so.

4.12 Test reports provided by the Company shall be delivered to the Designated Person. All test participants have the right to a copy of the report. Written reports will be sent by e-mail to the Designated Person unless otherwise stipulated. If you may request a hard copy of the results to be sent by post for an additional charge.

4.13 The Company reserves the right to provide the results to and/or discuss the results with:

(a) to all persons tested

(b) if the person tested is a child, to the mother or other person with parental responsibility for the child, if the Designated Person or Authorized Person has failed without reasonable excuse to deliver the results to the participants of the test.

4.14 The Company shall always try to provide a high quality Service. If the Client is dissatisfied with the Service received he/she should make a written complaint to the Company. The Company will endeavor to consider each complaint promptly and explain the position to the Client. The Company will do its best to resolve any complaints and issues; however, the decision made by management is final.

5. LIABILITY OF THE CUSTOMER

5.1 It is the Client's responsibility to ensure that persons participating in the test provide the Company with all necessary identification (if requested), materials or samples and clearly and properly complete all documents requested by the Company. Failure to comply could result in delays in providing, or inaccuracies in, test results that may affect the evidence-based value of the test results. In such circumstances the Company shall not be liable for any delay or inaccuracy. The Company shall have no further liability until the situation is rectified and no reimbursement is made.

5.2 On request, the Company will try to give as much information as possible to the Client about its Services and as much idea as possible of what the results do or do not show, but it is for the Client to decide whether the Service offered by the Company is suitable in particular cases and the Company recommends that legal or other advice is taken if necessary before requesting the test.

5.3 It is the Client's (or Sample Collector's) responsibility to obtain any legal advice necessary to ensure that they are entitled to possess and obtain the biological samples to be sent to the Company for analysis.

5.4 The Client agrees that it shall indemnify the Company against all claims, expenses and any damage or loss suffered by the Company as a result of the Client (or Collector) sending to the Company samples that were obtained unlawfully.

5.5 The Client undertakes that all information provided to the Company for the purpose of applying for a Service is correct and that the credit/debit card used for payment for the Service is owned by the Client (or has the owner's authorization to pay for the Service).

5.6 The Customer warrants that he/she is entitled to provide the Company with all necessary information and data and that he/she will indemnify the Company against any claims for breach of information, breach of confidentiality or failure to comply with data protection laws as applied to third parties.

5.7 The Client is responsible for ensuring that the Designated Person is aware of the need for confidentiality and that he/she must not expose the contents of the report to anyone other than persons authorized by the test participants.

5.8 The Client shall enter into a contract with the Company only if the Client is willing to comply with these terms and conditions.

6. FEES FOR SERVICES

6.1 The prices for the Company's Services are those established by the Company and are subject to change without notice.

7. PAYMENT AND CANCELLATION

7.1 For credit card payments, any credit card related fees will be borne by the Company. For other methods of payment, the Customer shall be responsible for any fees involved in the transaction. All revenues received by the Company must correspond to the final price in accordance with the price list and free of charges, before the Company processes the Service Request.

7.2 The Customer shall have three months to submit its samples from the time of making the Request (this is referred to as the "expiry period"). If the Client fails to submit the samples within this interval, his/her case will be closed. The Company will charge a reactivation fee to reopen the case and will process any samples submitted after the expiration period. After one year the case will be closed and it will not be possible to pay the reactivation fee.

8. REFUND POLICY

8.1 If the Service is cancelled before the Company ships the kit to the Client, a full refund will be offered.

8.2 If the Service is cancelled after the sample has been processed, a refund of 50% of the value of the test will be offered.

8.3 Once the results have been delivered to the Client or Designated Person, the Company will not offer refunds.

9. DEADLINES AND DELIVERIES

9.1 The timescales offered by the Company for the completion of the test and delivery of the results are for guidance only. The Company shall not be liable for any delay in delivery of the Service or for any direct or indirect loss or damage caused by such delay.

10. OTHER MATTERS

10.1 Copyright ownership in all publications, documentation and reports prepared by the Company shall belong to the Company.

11. DATA PROTECTION AND PRIVACY

11.1 In accordance with the Data Protection Act, the Company will only obtain, use, process and disclose personal information about the Client for the purpose of fulfilling its responsibilities for the contracted Service and for other related purposes, such as updating records, refunds, crime prevention and compliance with legislation. The Customer has the right to a copy of his/her personal data, which can be exercised by sending an e-mail to the Company. Service which involves the payment of an administrative fee.

11.2 The Customer acknowledges and agrees that the Company may also require the transfer of personal data for the provision of the Service, either directly or indirectly related to it. This transfer of data could include other Companies within the same Group (Third Party agents, affiliates, laboratories, etc...). The Company will not disclose personal data for any marketing promotion. Personal data will only be transferred to authorized personnel or agents, who have to maintain certain data protection standards. Please do not use our Services if you do not agree to the transfer of personal data to third parties.

11.3 Due to the Company's international operations, the Customer acknowledges and accepts the possibility of providing Customer data to third parties in order to ensure the quality of the Service.

11.4 The Client acknowledges and agrees that the Company shall have the right to use all DNA samples provided by the Client and that any leftover samples or printed documentation will be destroyed in accordance with standard laboratory procedures and legal requirements. The results will remain in our system indefinitely. However, for legal as well as informational cases, deletion of all data and results may be requested. Deletion of personal data at the Client's request will be carried out within 30 days of the request.