Terms and condition

Terms and condition

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

These Analytikal DNA Terms of Use and Sale (these “Terms”) apply to use of (and the purchase and sale of products and services through) the Analytikal DNA website and any associated mobile applications (the “Site”). The Site is made available by Aanlytikal DNA, Inc. (referred to as “Analytikal DNA”, “us”, “we”, or “our” as the context may require). You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 19).

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

By using the Site, by clicking to accept or agree to these Terms when this option is made available to you, or by placing an order for products or services through the Site, you accept and agree to be bound and abide by these Terms. 

YOU MAY NOT USE THIS SITE OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Analytikal DNA , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

Changes to These Terms. These Terms are subject to change by us at any time and without prior notice, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Modified” date referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Modified” date will constitute your acceptance of, and agreement to, such changes.

  1. NO MEDICAL ADVICE. Through the Site, we offer an online service to help healthcare practitioners order specialty lab-work more efficiently for their patients. We are not doctors, we do not act or operate as a healthcare practice, nor do we provide medical care. We do not partner with or hire practitioners: they simply use our software to order products.
  2. Accessing the Site and Account Security. We reserve the right to withdraw or amend the Site, and any service or products we provide through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. All the information you provide on the Site must be correct, current, and complete. You agree that all information you provide to register with or use this Site is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  • If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  • We have the right to disable any user name, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights. 

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Analytikal DNA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your use only. 

The Analytikal DNA  name and all related names, logos, product and service names, designs, and slogans are trademarks of Analytikal DNA or its affiliates or licensors. You must not use such marks without first obtaining Analytikal DNA’s written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative, or illegal.
  • To transmit, or procure the sending of, any advertising or promotional material.
  • To impersonate or attempt to impersonate Analytikal DNA, a Analytikal DNA employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Analytikal DNA or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. Order Acceptance and Cancellation. You agree that your order is an offer for you as Prescribed by your practitioner to buy, under these Terms, all products and services listed in your order. All orders must be accepted by the applicable patient (if that patient is paying for the products through Analytikal DNA) and Analytikal DNA, or we will not be obligated to sell the products or services to the practitioner or the patient, as applicable. We may choose not to accept orders at our sole discretion, even after we send a confirmation email with your order number and details of the items you have ordered. 
  2. Product Descriptions. Product descriptions are provided by the labs or manufacturers of the various tests available for sale through the Site. We work with the manufacturers to confirm that the test descriptions are accurate, but we cannot guarantee that they are accurate, complete or up-to-date. Including a product description on the Site does not mean that product is or will be available at any given time.

Prices and Payment Terms. 

  • All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices include taxes, but may not include charges for shipping and handling. All such charges will be added to your merchandise total, and where shipping is separately charged, it will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  • We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 
  • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept credit and debit cards for all purchases.You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

Shipments; Delivery; Title and Risk of Loss. 

  1. We will arrange for shipment of the products to you.Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. 
  2. Title and risk of loss pass to you upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  3. Phlebotomy Services. Analytikal DNA may offer a list of blood draw centers in the patient’s area, or mobile phlebotomists who can come directly to the patient; however, these phlebotomists are not Analytikal DNA’s employees and Analytikal DNA is not responsible for the services provided by, or acts or omissions of, the phlebotomists or blood draw centers. The patient’s relationship is directly with the phlebotomist, and any issues with the phlebotomist’s service should be addressed directly with the phlebotomist. 
  4. Cancellations and Refunds. Please see our Cancellation and Refund Policy for details on product cancellations. 
  5. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by the lab’s or manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. 

The limitation of liability set forth above shall only apply to the extent permitted by law.

  1. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your or your patient’s own personal or household use only, and not for further resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United Arab Emirates , KSA , KUWAIT , BAHRAIN, QATAR , OMAN , JORDAN and Egypt.
  2. Privacy. Our Privacy Policy  governs the processing of all personal data collected from you in connection with your use of the Site.
  3. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Analytikal DNA.
  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.