Terms and Conditions

Viaguard Inc. Terms and Conditions

1. Introduction and Agreement

By accessing and using the website (“Site: paternityaustralia.com”) and services (“Service: DNA TEST”) provided by Viaguard Inc. and its affiliates (“Company,” “we,” “us,” or “our”), you are entering into a legally binding agreement with the Company. These Terms govern your access and use of the Site and Service, and your purchase of any product or service offered by the Company. These Terms also contain provisions that limit the Company’s liability and affect your legal rights. If you do not agree to these Terms, you must not use the Site or Service.

Modification of Terms: The Company reserves the right to change, modify, or update these Terms at any time without prior notice. Continued use of the Site or Service after such changes constitutes acceptance of the new Terms. You are encouraged to regularly review these Terms.

2. Eligibility and User Responsibilities

To use the Site or Service, you represent and warrant that you:

Are at least 18 years old and have the legal capacity to enter into a binding agreement.
Are not barred by any applicable law from using the Service or Site.
Will provide accurate and complete information when creating an account or submitting samples.
Agree to comply with all applicable laws and regulations related to your use of the Service and Site.

3. Service Description

The Company offers testing services for informational purposes only. The results provided are based on the analysis of the biological samples you submit in accordance with any instructions provided. The Company uses commercially reasonable efforts to ensure the accuracy of results, but due to various factors, including sample quality, environmental conditions, or technological limitations, the Company cannot guarantee error-free results.

No Medical Advice: The content and results provided by the Company are not intended to diagnose, treat, cure, or prevent any medical condition. The Service does not substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with any questions regarding medical conditions or treatment.

4. Arbitration Agreement and Dispute Resolution

Any dispute or claim arising out of or in connection with these Terms or your use of the Service or Site will be resolved exclusively by binding, confidential, and final arbitration. Both parties waive their right to bring claims before a court, including a trial by jury. This arbitration agreement applies to all claims, whether arising in contract, tort, statute, or any other legal theory.

Scope of Arbitration: This arbitration clause applies to any and all claims, including but not limited to disputes arising from these Terms, the Services provided, the quality of the samples submitted, the accuracy of results, and any communications or interactions between you and the Company.
Class Action Waiver: All disputes must be arbitrated on an individual basis. No arbitration shall proceed as a class action, collective action, or any representative action, and the arbitrator may not consolidate proceedings of more than one individual.
Location of Arbitration: The arbitration will take place in Toronto, Ontario, and will be conducted under the rules of ADR Chambers. Each party will bear its own legal fees, while the costs of the arbitrator and arbitration process will be shared equally.

5. Accuracy and Limitation of Liability

The Company strives to produce accurate results through the application of advanced technologies and methodologies. However, various factors can affect the outcome of DNA testing, including but not limited to:

Sample contamination,
Insufficient or degraded samples,
Mislabeling or incorrect sample submission.
Disclaimer of Warranties: The Service and Site are provided “as is” and “as available,” without warranties of any kind, express or implied. The Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
Limitation of Liability: The Company, including its directors, officers, employees, and agents, shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising from your use of the Site or Service, even if the Company has been advised of the possibility of such damages. The maximum liability of the Company for any claim shall be limited to $150 or the amount paid by you for the Service, whichever is less.
No test is perfect, and there are many, including external circumstances, that can affect results, so there are no guarantees of a perfect result.

6. Refund Policy

All fees for Services are non-refundable unless otherwise provided by the Company’s sole discretion. Refunds or credits will only be considered in exceptional cases, such as where a material error has occurred due to the fault of the Company.

Discretionary Refunds: If a refund is considered, the Company will review the specific circumstances, including the quality of the sample, user compliance with instructions, and the timeliness of requests for refunds. The Company’s decision on refunds shall be final.

7. Service Availability and Timelines

The Company will make commercially reasonable efforts to provide the Service in accordance with any timelines mentioned on the Site. However, these timelines are estimates and do not create any legally binding obligations. The Company will not be liable for delays in providing the Service due to factors beyond its control.

Force Majeure: The Company shall not be held responsible for delays or failures in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, lockouts, government actions, system failures, or any other unforeseen circumstances.

8. User Obligations and Warranties

Sample Submission: You are responsible for ensuring that the biological samples you submit are properly collected in accordance with the instructions provided in the Kit. You represent and warrant that the samples provided are yours or that you have the legal authority to submit the samples of another person.
Correct Information: You are responsible for providing accurate and complete information when submitting samples. Failure to do so may result in inaccurate or incomplete results, for which the Company will not be liable.
Legal Age and Competence: You represent and warrant that you are legally competent and of the age of majority to enter into a contract in your jurisdiction. You also warrant that you are not suffering from any mental or physical condition that may impair your ability to understand the nature and consequences of the Service.

9. Third-Party Links and Services

The Site may contain links to third-party websites or services. These third-party websites are not controlled by the Company, and the inclusion of any link does not imply endorsement by the Company.

Third-Party Liability: The Company disclaims any liability for the accuracy, content, or availability of information on third-party websites. Accessing third-party websites is done at your own risk, and the Company is not responsible for any damage or loss arising from your interaction with such websites.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

Your use of the Site or Service,
Your violation of these Terms,
Any claims by third parties arising from the use of your test results.
Cooperation in Defense: You agree to cooperate with the Company in defending any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Intellectual Property

All content, materials, designs, trademarks, and intellectual property available on the Site or provided as part of the Service are the sole property of the Company or its licensors. You are granted a limited, non-transferable license to access and use the Site for personal purposes only. You may not copy, distribute, modify, or create derivative works from the content on the Site without the express written permission of the Company.

12. User Conduct

You agree not to engage in any unlawful or prohibited activities while using the Site or Service. These activities include but are not limited to:

Posting or transmitting defamatory, infringing, or illegal content,
Attempting to gain unauthorized access to the Site or any other systems related to the Service,
Using the Site or Service in any manner that could damage, disable, or impair the Company’s infrastructure.
Breach of Terms: If the Company determines, in its sole discretion, that you have violated these Terms, it reserves the right to terminate your access to the Site and Service without notice, and you may be held liable for damages or legal costs.

13. Limitation on Time to File Claims

Any legal action or claim you may have related to your use of the Site or Service must be filed within one year of the occurrence of the event giving rise to the claim. Failure to bring a claim within this timeframe will result in the claim being barred.

14. Assignment

You may not transfer or assign your rights under these Terms without the prior written consent of the Company. The Company reserves the right to assign these Terms or any part thereof at any time without notice to you.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws principles. Any disputes not subject to arbitration will be resolved in the courts located in Toronto, Ontario.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Any unenforceable provision will be replaced by a valid provision that closely reflects the original intent.

17. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Site and Service and supersede any prior agreements or understandings, whether written or oral. No waiver of any term or condition in these Terms will be deemed a further or continuing waiver of such term or any other term.