The DNA Company stands firmly behind its science and its services. We have a commitment to excellence in the health and wellness space.
Priority ONE is client care. Therefore, if at any time, prior to receiving your sterile testing system, you choose to cancel your testing, you may do so for your refund. We will refund your money, less the $25.00 processing fee we pay to the credit card processing company.
To be eligible for your refund, your cancelation must be received prior to the sterile testing system being sent from our cleanroom environments.
To start your process, contact us at firstname.lastname@example.org. If your system has been sent, we are sorry, but a return will not be processed. The testing system is sterile. We cannot restock, reuse, or resell.
If you are requesting a cancellation:
- You must do so before the sterile testing system has left the facility.
- After using the testing system, there is no refund. This is a lab test, once the testing is performed, the results are unique to you, therefore there will not be a refund.
If you are unsatisfied with your experience with The DNA Company, please contact our client support team. Our commitment to excellence is second to none!
TERMS AND CONDITIONS FOR ALL GENOMIC MASTERY PROGRAMS
1. Nature of Terms and Conditions
- Nature of these Terms and The terms and conditions (these “Terms and Conditions”) set forth herein are the general terms and conditions applicable to the functional genomics program enrollment agreement (the “Program Enrollment Agreement”) to which these Terms and Conditions are attached (the Program Enrollment Agreement, together with these Terms and Conditions, shall be collectively referred to herein as the “Agreement”). All capitalized terms not defined herein shall have the meaning ascribed thereto in the Program Enrollment Agreement.
2. Client Acknowledgment
- The Client hereby acknowledges and agrees that The DNA Company reserves the right to vary the terms of this Agreement and the Program or make any other changes to the Program as The DNA Company may deem reasonable or necessary in its sole discretion upon delivery of written notice to the Client.
- The Client fully understands the nature of and circumstances surrounding the Program and the services provided therein.
- The Client acknowledges that he or she will be required to conduct himself/herself appropriately, authentically and ethically throughout the Program. The DNA Company reserves the right to discontinue the Client’s participation in the Program without a refund in the event the Client’s conduct is deemed offensive or inappropriate by any of The DNA Company’s practitioners, staff or representatives and is not immediately corrected after notice.
- The Client acknowledges that he or she is aware of the risks associated with participating in the Program, which may include, but are not limited to, physical or psychological injuries, reaction, infection, pain, suffering, illness, disfigurement, permanent marks, disability (including paralysis), and/or economic or emotional loss. The Client understands that these outcomes may arise from the Client’s own or others’ negligence. The Client further acknowledges that any nutritional or dietary supplements provided and/or recommended to the Client under this Agreement are not intended to diagnose, treat, cure or prevent any disease, and are provided and/or recommended to the Client to be used or consumed at the Client’s sole The Client acknowledges that the Client has been recommended to consult his/her physician or other qualified medical professionals, as the case may be, prior to using or consuming any such supplements provided and/or recommended under this Agreement or delivered pursuant to the Program. The Client has been strongly advised to seek medical advice prior to starting this or any other wellness system.
- THE CLIENT ACKNOWLEDGES THAT HE OR SHE HAS BEEN ENCOURAGED BY THE DNA COMPANY AND HAVE BEEN PROVIDED WITH THE OPPORTUNITY TO SEEK PROFESSIONAL ADVICE (INCLUDING, WITHOUT LIMITATION, PHYSICIAN’S OR OTHER MEDICAL PROFESSIONAL’S ADVICE) PRIOR TO PARTICIPATING IN THE PROGRAM TO MAKE AN INFORMED DECISION TO PARTICIPATE IN THE PROGRAM. THE CLIENT UNDERSTANDS THAT THE PROGRAMSOR ANY RECOMMENDATION OR ADVICE PROVIDED THEREIN IS NOT CLINICAL OR MEDICAL ADVICE, AND THAT THE PROGRAM IS CONDUCTED SOLELY FOR EDUCATIONAL PURPOSES.
- The Client acknowledges that he or she has not relied upon any representation, condition or warranty, either written or oral, made by The DNA Company or any other person on The DNA Company’s behalf, except as specifically provided herein.
- The Client acknowledges that, having accounted for the foregoing, he or she has agreed to voluntarily participate in the Program and to assume the responsibility and risks, both known or unknown to the Client, resulting from or arising in relation to the Client’s participation in the Program, including the risks as
3. Cancellation and Refund Policy
- While The DNA Company stands firmly behind the science of DNA and the specific interpretation provided by The DNA Company, we do not provide refunds or make All results are received by the Client and can only be personalized for them by them. All of the materials and services that will be provided to the Client as part of the Program have been created from the expertise and experience of The DNA Company and require extensive investment on their part. As such, the Client acknowledges and agrees that in a wellness or medically driven program that there will be no refunds or money-back guarantees under any circumstances. You will be receiving a sterile biometric testing kit as part of your purchase, which cannot be returned or refunded under any circumstances. In signing this Agreement, the Client agrees that he or she is willing and able to participate in the Program to the best of his/her abilities.
- The DNA Company reserves its right to suspend the Client’s access to the Program until payment is made in accordance with the terms of the Plan Enrollment Agreement.
- There will be no refunds for the DNA reports, for Client missed Practitioner Calls, supplements, or any other products or services provided as part of the Program except within The DNA Company’s sole discretion. Client appointments that are not rescheduled to ensure the Client’s completion of their purchased package, will be mutually rescheduled at the Client’s earliest convenience. At 12 months from the plan start date, all unused time has 30-Days to be redeemed. By participating in the Program, the Client understands and acknowledges that The DNA Company has a no refund policy and has the right to cancel or reschedule sessions (Mutually with the Client, including, without limitations, the Practitioner Calls) at its or its certified functional genomic practitioner’s sole discretion. If The DNA Company cancels or reschedules a Practitioner Call for any reason, a make-up appointment will be made at the mutual convenience of the Client and the Practitioner. The Client acknowledges that the Term shall not be extended in the event the Client misses or cancels any calls, including Practitioner Calls without providing a 48-Hour notice to the clinic, after the initial Call. Should services need to be canceled or rescheduled due to circumstances beyond The DNA Company’s reasonable control, a make-up appointment or an extension of the Term proportionate to the lapse of days will be provided as applicable and necessary at the mutual convenience of the Client and the
4. Property and Privacy.
- The Client acknowledges and agrees that The DNA Company may, at all times subject to the applicable privacy or personal information legislation, generate, collect, use, and/or store any and all data in relation to the Client (collectively, the “Client Data”) for the purpose of facilitating the Client’s participation in the Program and in furtherance of The DNA Company’s research, studies, and/or education (collectively, the “Permitted Purposes”). The Client hereby expressly authorizes such collection and authorizes The DNA Company to use the Client Data in whole or in part solely for the Permitted Purposes without restrictions or limitations. In the event the Client delivers a written notice to The DNA Company withdrawing his/her consent and authorization to the treatment of the Client Data, The DNA Company shall, upon receiving the written notice, destroy any and all Client Data in The DNA Company’s possession and perform such further actions to be in compliance with the applicable privacy legislation.
5. Limitations of Warranty and Liability
- EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, VALIDITY, QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED BY THE DNA
- EXCEPT AS MAY BE EXPRESSLY REPRESENTED OR WARRANTED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAWS, IN NO EVENT SHALL THE DNA COMPANY BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED IN ANY WAY TO THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY SUCH DAMAGES CLAIM IS BASED, EVEN UPON THE FAULT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BREACH OF CONTRACT, STATUTE, REGULATION, OR ANY OTHER THEORY OF LAW OR BREACH OF WARRANTY BY, OR STRICT LIABILITY OF, THE DNA COMPANY. THIS EXCLUSION APPLIES EVEN IF THE DNA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND EVEN IF ANY AVAILABLE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AT ALL TIMES, THE LIABILITY OF THE DNA COMPANY TO THE CLIENT FOR ANY REASON WHATSOEVER SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY THE CLIENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE DNA COMPANY BE LIABLE TO THE CLIENT OR ANY THIRD PARTY, INCLUDING ANY GOVERNMENTAL AUTHORITIES OF ANY JURISDICTION, IN RELATION TO THE USE OR HANDLING OF THE CLIENT’S DNA OR OTHER HEALTH RELATED INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS THE CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE DNA COMPANY ASSOCIATES (AS DEFINED BELOW) FROM ANY CLAIMS FROM ANY PARTY IN RELATION TO THE FOREGOING, PROVIDED THAT THE DNA COMPANY’S USE OR HANDLING OF THE CLIENT’S DNA OR OTHER HEALTH RELATED INFORMATION DOES NOT BREACH THE TERMS OF THIS AGREEMENT.
6. Representation and Warranties
- Each party represents, warrants and covenants to the other that: (i) such party has full power and authority to enter into this Agreement and that this Agreement will not conflict with, result in a breach of, or constitute a default under any other agreement to which such party is a party or by which such party is bound by any applicable laws, and (ii) this Agreement is a legal and valid obligation binding upon such party and enforceable in accordance with its terms.
7. Release of Liability and Indemnity
- THE CLIENT HEREBY, FOR HIM/HERSELF, HIS/HER HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, OR PERSONAL REPRESENTATIVES, VOLUNTARILY WAIVES ANY AND ALL RIGHTS, CLAIMS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES IN TORT, CONTRACT OR OTHERWISE IN COMMON LAW OR EQUITY) ARISING OUT OF THE CLIENT’S PARTICIPATION IN THE PROGRAM, AND DOES HEREBY RELEASE AND FOREVER DISCHARGE THE DNA COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, PRACTITIONERS, COACHES, CONTRACTORS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (ALL OF THE FOREGOING RELEASEES COLLECTIVELY, THE “COMPANY ASSOCIATES”), FOR ANY RISKS, PHYSICAL OR PSYCHOLOGICAL INJURY, ILLNESS, REACTION, INFECTION, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, PERMANENT MARKS, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND/OR DEATH THAT THE CLIENT MAY SUFFER AS A RESULT OF OR IN RELATION TO THE CLIENT’S PARTICIPATION IN THE PROGRAM INCLUDING, WITHOUT LIMITATION, FROM THE DIETARY SUPPLEMENTS PROVIDED AS PART OF THE PROGRAM (ALL OF THE FOREGOING BEING DEFINED HEREIN COLLECTIVELY AS “CLIENT CLAIMS”). THE CLIENT FURTHER CONFIRMS THAT, TO THE EXTENT THAT APPLICABLE STATUTES OR CASE LAW DO NOT PROHIBIT RELEASES FOR NEGLIGENCE, THE CLIENT’S RELEASE OF LIABILITY AS DESCRIBED HEREIN ALSO APPLIES TO NEGLIGENCE ON THE PART OF THE DNA COMPANY AND/OR COMPANY ASSOCIATES.
- THE CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE DNA COMPANY AND OTHER COMPANY ASSOCIATES AGAINST ANY AND ALL CLIENT CLAIMS (AS DEFINED ABOVE) BROUGHT BY THE CLIENT OR ANYONE ON HIS/HER/THEIR BEHALF, INCLUDING LEGAL FEES AND ANY RELATED COSTS, IF LITIGATION ARISES PURSUANT TO ANY CLAIMS MADE BY HIM/HER, OR BY ANYONE ELSE ACTING ON HIS/HER BEHALF. THE CLIENT ACKNOWLEDGES THAT THE DNA COMPANY AND OTHER COMPANY ASSOCIATES ARE NOT RESPONSIBLE FOR ERRORS, OMISSIONS, ACTS OR FAILURES TO ACT OF ANY PARTY OR ENTITY CONDUCTING THE PROGRAM ON BEHALF OF THE DNA COMPANY.
- Severability. If any provision of this Agreement or any part of any provision of this Agreement is held under any circumstances to be invalid or unenforceable in any jurisdiction, then (a) such provision or part thereof shall, with respect to such circumstances and in such jurisdiction, be deemed amended to conform to applicable laws so as to be valid and enforceable to the fullest possible extent, (b) the invalidity or unenforceability of such provision or part thereof under such circumstances and in such jurisdiction shall not affect the validity or enforceability of such provision or part thereof under any other circumstances or in any other jurisdiction, and (c) such invalidity or unenforceability of such provision or part thereof shall not affect the validity or enforceability of the remainder of such provision or the validity or enforceability of any other provision of this Each provision of this Agreement is separable from every other provision of this Agreement, and each provision of this Agreement is separable from every other part of such provision.
- Amendments. This Agreement may be amended, modified or supplemented by The DNA Company from time to time upon delivery of written notice to the Client.
- Enurement. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
- Assignment. The DNA Company may, without the consent of the Client, assign its rights, duties and obligations under this Agreement to an affiliate or to a purchaser of all, or substantially all of the assets of The DNA Company.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes and replaces any and all other representations, understandings, negotiations and previous agreements, written or oral, express or
- Legal Advice. The Client acknowledges that the Client has read and understands these Terms and Conditions as well as the Program Enrollment Agreement, and that The DNA Company has provided a reasonable opportunity for the Client to seek independent legal advice prior to executing this Agreement.
- Currency. All dollar amounts set forth or referred to in this Agreement refer to the currency of the United States of
- Governing Law and Forum Selection. This Agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any Action (as defined below) arising out of or based upon this Agreement and any schedules, exhibits and attachments attached to this Agreement, will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such Action. The parties irrevocably and unconditionally waive any objection to the venue of any Action in such courts and irrevocably waive and agree not to plead or claim in any such court that any the Action brought in any such court has been brought in an inconvenient forum. Each party irrevocably and unconditionally agrees that it will not commence any Action of any kind whatsoever against the other party in any way arising from or relating to this Agreement, including all schedules, exhibits and attachments attached to this Agreement or thereto, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than the courts of the Province of Ontario and any appellate court thereof. Each party agrees that a final judgment in any such Action is conclusive and may be enforced in other jurisdictions by action on the judgment or in any other manner provided by The term “Action” for the purpose of this Section shall mean actual claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, investigative, regulatory or other, whether at law, in equity or otherwise.
- Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same