Terms and Conditions

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 on the consent form to whom results will be sent.

1.4 The "Sample Collector" is the person who takes the samples.

1.5 The "Service" is any DNA test or genetic tests advertised by the Company.

1.6 A "Test Request" is when a Service is requested from the Company in person, by phone, email, postal mail, or any other method.

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

1.8 "Kits" are the sample collection 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 the Client may seek to apply under any contract, purchase of a Service, purchase confirmation, or similar document.

2.2 Any purchase of Services shall be considered an offer to purchase these Services by the Client under these terms and conditions. The Company shall not be deemed to have accepted any offer until the Client has paid for the requested Service. Payment shall be considered conclusive proof of the Client's acceptance of the Service under these terms and conditions.

3. SCOPE OF THESE TERMS AND CONDITIONS

3.1 No condition not included in these terms and conditions shall be incorporated or form part thereof, except as agreed in writing between the Client and any authorized person of the Company.

3.2 If any part of these terms and conditions is deemed unreasonable, void, or unenforceable in any legal, arbitration, or similar proceeding, the intention of the contracting parties is that compliance with the remaining parts of these terms and conditions shall not be affected.

4. COMPANY LIABILITY

4.1 Whenever possible, the Company will endeavor to provide tests performed by a laboratory accredited under ISO 17025 and/or AABB standards.

4.2 The Company will endeavor to send test results to the Designated Person within the timeframes indicated for standard and express Services. Timeframes indicated by the Company are calculated from receipt of samples at the laboratory, not from when samples arrive at administrative offices or agents.

4.3 The Company will generally send kits to the Client via standard mail unless the Client has requested another shipping method. Shipping costs are included in the test Price. The Company is not responsible for any delay caused by postal or courier services. It is the Client's responsibility to inform the Company if the kit has not been received within a reasonable shipping time.

4.4 If, through no fault of the Client or Sample Collector, the kit sent by the Company is damaged or sterilized packages may have been contaminated, the Company will provide a new kit free of charge. The Client must return the defective kit(s) and bear any costs involved, clearly marking them as defective.

4.5 The Company will only send one kit per Test Request. Additional kits will incur an additional cost.

4.6 If, through no fault of the Company, the samples provided by the Client are insufficient to generate a DNA profile or are contaminated, a charge will apply to re-run the test.

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

4.8 The Client understands that, although the analysis performed by the Company is highly accurate, as with any other test there is a possibility of error or omission. Accordingly, the Client understands and accepts that in the event the Client brings a claim for damages suffered as a result of any act by the Company, whether by negligence or otherwise, the Company's liability shall not exceed the cost paid for the test. The Client's rights hereunder shall be subject to notification to the Company of any error or omission within thirty days of sending the results report to the Designated Person. Any liability arising from this clause (4.8) shall be limited to the cost of the Service contracted.

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

4.10 The Company is not responsible for any delay or failure in the analysis process of the Services due to causes beyond its control, including but not limited to acts of God, drought, floods, storms, war, industrial action, strikes, lockouts, network or system access issues, 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 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.

4.12 Test reports provided by the Company will be delivered to the Designated Person. All test participants have the right to a copy of the report. Written reports will be sent by email to the Designated Person unless otherwise stipulated. A printed copy of results may be requested by postal mail for an additional cost.

4.13 The Company reserves the right to provide and/or discuss results with: (a) all persons analyzed; (b) if the person analyzed is a child, the mother or other person with parental responsibility, if the Designated Person has failed without reasonable excuse to deliver results to test participants.

4.14 The Company will always strive to provide a high-quality Service. If the Client is not satisfied with the Service received, they must submit a written complaint to the Company. The Company will try to study each complaint promptly and explain its position to the Client. The Company will do everything possible to resolve any type of complaint; however, the decision made by management is final.

5. CLIENT RESPONSIBILITY

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. Failure to comply may cause delays or inaccuracies in 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 refund will be made.

5.2 Upon request, the Company will endeavor to give as much information as possible to the Client about its Services, but it is the Client who must decide whether the Service offered by the Company is suitable for particular cases. The Company recommends seeking legal or other advice if necessary before requesting a test.

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

5.4 The Client agrees to 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 illegally obtained samples.

5.5 The Client warrants that all information provided to the Company for the purpose of requesting a Service is correct and that the credit/debit card used for payment is their own (or that they have the owner's authorization).

5.6 The Client warrants that they have the right to provide the Company with all necessary information and data and will indemnify the Company against all claims for information violation, breach of confidentiality, or non-compliance with applicable data protection laws.

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

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

6. SERVICE FEES

6.1 The prices of the Company's Services are those established by the Company and may change without prior notice.

7. PAYMENT AND CANCELLATION

7.1 For credit card payments, any card-related fees will be borne by the Company. For other payment methods, the Client will be responsible for any transaction charges. All amounts received by the Company must correspond to the final price according to the price list, free of charges, before the Company processes the Service Request.

7.2 The Client will have three months to send their samples from when the Request is made (this is referred to as the "expiration period"). If the Client does not send samples within this interval, their case will be closed. The Company will charge a reactivation fee to reopen the case. After one year, the case will be permanently closed.

8. REFUND POLICY

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

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

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

9. DEADLINES AND DELIVERIES

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

10. OTHER MATTERS

10.1 Copyright ownership of all publications, documentation, and reports prepared by the Company belongs to the Company.

11. DATA PROTECTION AND PRIVACY

11.1 In accordance with Data Protection Law, the Company will only obtain, use, process, and disclose personal information about the Client in order to fulfill its responsibilities for the contracted Service and for related purposes such as file updates, refunds, crime prevention, and legal compliance. The Client has the right to a copy of their personal data, which may be exercised by sending an email to the Company, subject to an administrative fee.

11.2 The Client acknowledges and accepts that the Company may also require the transfer of personal data for the provision of the Service. This data transfer may 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 must maintain certain data protection standards. Please do not use our Services if you do not agree with the transfer of personal data to third parties.

11.3 Due to the Company's international operations, the Client acknowledges and accepts the possibility of providing Client data to third parties to guarantee Service quality.

11.4 The Client acknowledges and accepts that the Company shall have the right to use all DNA samples provided by the Client and that any surplus samples or printed documentation will be destroyed in accordance with standard laboratory procedures and legal requirements. Results will remain in our system indefinitely. However, for both legal and 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.