Terms and conditions

Terms of service

Last updated: 25 November 2022
Governing law: Republic of South Africa

1. INTRODUCTION
BioCertica Proprietary Limited, trading as "BioCertica," maintains the website at www.biocertica.com and its related mobile application (together the "BioCertica Platforms"), and provides the services available on these platforms. The BioCertica Products and Services include the supply of genetic testing kits and related services which allow users to translate their genetic information into reports about their DNA, and that may assist them to make informed decisions about their health.
Access to and use of the BioCertica Platforms and/or the BioCertica Products and Services is governed by these Terms and Conditions as read with the Privacy Policy. References to "BioCertica", "we", "us" or "our" shall be to BioCertica Proprietary Limited, including where applicable our affiliates and subsidiaries. References to "user", "you" or "your" shall be to any person that has registered for and uses the BioCertica Products and Services.
Upon your acceptance, these Terms and Conditions will constitute a legally binding agreement between you and BioCertica and will also constitute your acceptance of the Privacy Policy.
These Terms and Conditions contain warranty disclaimers and other provisions that limit BioCertica's liability towards you or which may require you to indemnify BioCertica or assume a risk or liability. By accessing and using the BioCertica Platforms and/or the BioCertica Products and Services, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions. If you do not agree, please do not use the platforms or services

2. DEFINITIONS
"BioCertica Content" means all content created by BioCertica, including the platforms, test kits, tests, test results, BioCertica packages, all data obtained through DNA analysis, technical and scientific information, and all other services or communications provided by us.
"BioCertica Package" means a test kit together with the relevant test(s) selected by you.
"BioCertica Products and Services" means all products and services provided by BioCertica through the platforms, as updated from time to time.
"Days" means calendar days unless qualified by "business", in which case any day other than a Saturday, Sunday, or South African public holiday.
"Intellectual Property Rights" means all intellectual property capable of protection, whether registered or unregistered, in any jurisdiction, including patents, trademarks, know-how, copyright, trade secrets, software, designs, and all associated goodwill.
"Partner Wellness Merchant" means any approved wellness merchant or related entity contracted by BioCertica to provide value-added services.
"Professional" means a medical professional forming part of the BioCertica network.
"Supplement" means a nutritional supplement or related health product recommended to you by a Partner Wellness Merchant.
"Test" means the BioCertica genetic test, including testing of your DNA at a laboratory in accordance with the test type selected by you.
"Test Kit" means the BioCertica DNA test kit supplied to you for the purpose of collecting a DNA sample.
"Test Results" means the report generated by BioCertica that translates your genetic information in accordance with the type of test selected by you.
"Value-Added Services" means the sharing of your test results with a Partner Wellness Merchant in order to (i) recommend over-the-counter supplements according to your test results; and/or (ii) further interpret your test results and create a personalised supplement.

3. ACCESS TO THE BIOCERTICA PLATFORMS AND SERVICES
3.1 You may only use the BioCertica Platforms and services if you are located in South Africa.
3.2 You will only have access if you have completed the BioCertica registration process and been provided with the necessary log-in details.
3.3 We may update the platforms from time to time. If you do not use the latest version, your access may be restricted.
3.4 We may update these Terms and Conditions from time to time by notifying you. You will be required to accept updated terms prior to subsequent use. If you do not accept, your access may be suspended or terminated.
3.5 If you are under the age of 18, you require a parent or legal guardian to consent to your use of the platforms and services, and your parent or legal guardian will be bound by these Terms and Conditions.
3.6 The platforms and services are intended for personal use only and may not be used to obtain genetic information of any third party (except where you are acting as a legal guardian of a person under 18). You warrant that you are not an employer, government entity, insurer, or other third party seeking to conduct testing on others.
3.7 Employers, insurers, and third parties wishing to conduct third-party testing must enter into separate agreements with BioCertica. Please contact us via the information in section 23.

4. HOW WE USE YOUR DATA
4.1 To facilitate your access and provide our services, we are required to process some of your personal information and share it with third parties such as our service providers and Professionals.
4.2 We process personal information in accordance with applicable data privacy legislation and our Privacy Policy.
4.3 Please read the Privacy Policy to understand what personal information we collect, where we collect it from, who we share it with, how long we retain it, whether it leaves the country, and how you can request access to or deletion of your information.
4.4 We will destroy your genetic material within 30 days after your DNA sample has been processed.
4.5 Your Test Results remain accessible via our database until you choose to delete your BioCertica account.
4.6 You acknowledge and agree that we may perform complete tests on your genetic material which generate more information than what we provide as part of your Test Results. You will not have any rights or access to this additional information unless you purchase the applicable additional BioCertica Products and Services.
4.7 You acknowledge and agree that we may keep and use your Test Results and extracted genetic data for research purposes. Any data retained for such purposes is aggregated and anonymised and will not identify you personally.

5. PURCHASING A TEST KIT
5.1 The estimated delivery time for a Test Kit is 1 to 5 business days from the date of your order and receipt of payment. Applicable delivery fees will be shown at checkout.
5.2 BioCertica will not be liable for any loss of or damage to a Test Kit during delivery, or for any loss or damage where the Test Kit is received by an unauthorised or incorrect person.
5.3 The Test Kit will contain instructions for use. If you require an additional Test Kit due to loss, contamination, or destruction, or because you did not follow the instructions correctly, this will be at your own expense.
5.4 Collection of the Test Kit will be facilitated by a courier nominated by BioCertica. BioCertica will not be liable for any loss of or damage to a Test Kit during collection, or where the Test Kit is not collected by the courier or delivered to us in a processable condition.
5.5 We cannot process your Test Kit if you remove the barcode from the swab, and we will not be obliged to provide a replacement. BioCertica will not be liable for any incorrect Test Results generated as a result of removal of or tampering with the barcode.
5.6 You are required to follow the instructions precisely. BioCertica will not be liable for any incorrect Test Results generated as a result of your incorrect use of the Test Kit.
5.7 We will send your Test Kit to our third-party laboratory service providers for processing. These providers may have operations in South Africa and/or abroad.
5.8 Test Kits may also be purchased directly from a Professional. In this case, payment is made directly to the Professional, who is responsible for delivery. BioCertica will not be responsible for delivery and will not be liable for any loss of or damage to a Test Kit during the delivery process.

6. PAYMENTS AND FEES
6.1 BioCertica reserves the right to amend fees, payment terms, and payment methods at its sole discretion and without prior notice.
6.2 BioCertica may from time to time offer discounts, free trials, and similar promotional offerings, subject to such additional terms as BioCertica may impose.
6.3 Your order is not complete and fees are not set until you have placed an order. BioCertica will not be liable where a price displayed changes between the time you place an item in your cart and the time you make payment.
6.4 Your bank or payment provider may charge additional transaction or facilitation fees. BioCertica is not responsible for any such fees.
6.5 If paying by credit or debit card, BioCertica may request additional information to verify or authorise your payment. You warrant that you are authorised to use the card and that sufficient funds will be available.
6.6 You are responsible for repaying any reversed or charged-back payments within 10 days of BioCertica requesting you to do so. BioCertica will not be obligated to provide services until such payment has cleared.
6.7 If you purchase a Test Kit from a Professional or request a Professional to interpret your results, payments are made directly to that Professional and are subject to their own terms and conditions. BioCertica will not be liable for any inability to obtain a cancellation or refund from a Professional.
6.8 Any payment link provided by BioCertica to facilitate payment to a Professional is provided in BioCertica's capacity as a payment facilitator only, and not as a provider of products or services under these Terms and Conditions.

7. CANCELLATION AND REFUNDS
7.1 Cancellation by BioCertica
7.1.1 BioCertica may cancel your order at any time at our discretion. You will be refunded the full purchase price within 30 days of notice of cancellation.
7.1.2 If BioCertica is unable to generate a result after 2 attempts, BioCertica will cancel your order and refund the full purchase price within 30 days.
7.1.3 If BioCertica is unable to generate a result due to instrument or other failure on BioCertica's part, you will be refunded the full purchase price within 30 days.
7.1.4 If BioCertica cannot process your results because your genetic material does not meet required quality levels as a result of your failure to follow the Test Kit instructions correctly, you will not be entitled to a refund.
7.1.5 If BioCertica cancels your order under this section, you will not be entitled to submit another sample. If you do so, we will not be obligated to re-process your sample or refund you.
7.1.6 Notwithstanding any cancellation by BioCertica, your genetic material will not be returned to you but will be destroyed in accordance with section 4.4.
7.2 Cancellation by You
7.2.1 You may cancel an order before it has been processed and receive a full refund within 30 days of the written cancellation request.
7.2.2 If you cancel after the Test Kit has been delivered, you may return it in its original unopened condition at your own expense. Provided BioCertica is satisfied it is unused and unopened, a refund will be issued within 30 days, subject to a handling fee.
7.2.3 You may also cancel in the following circumstances, subject to a handling fee:
After your Test Kit has been collected by BioCertica, but before our laboratory partners have processed it; or
After your Test Kit has been sent to our laboratory partners, but before you have received your Test Results.
7.2.4 Any handling fee will escalate on 1 January each year.
7.2.5 You cannot cancel your order once our laboratory partners have processed your DNA sample, or you have received your Test Results.
7.2.6 Notwithstanding any cancellation by you, your genetic material will not be returned to you but will be destroyed in accordance with section 4.4.
7.2.7 Payments to a Professional and any related cancellations or refunds are subject to that Professional's own terms and conditions, to which BioCertica is not a party. BioCertica will not be liable for any inability to obtain a cancellation or refund from a Professional.
7.2.8 Cancellations of consultation bookings must be made directly with the applicable Professional. We are not responsible for any delays or cancellations by the Professional.
8. YOUR TEST RESULT
8.1 You warrant that the genetic material you submit is your own (or that of a person under 18 for whom you are the legal guardian).
8.2 We provide Test Results in a bespoke encrypted digital format only. We do not provide results in any other format.
8.3 We may update, review, or amend Test Results based on new scientific and technological developments. We reserve the right to amend your Test Results after delivery, however we are under no obligation to update them once delivered.
8.4 We partner with scientific professionals to determine which genes to analyse. Where your genetic material does not contain required gene markers, we may statistically infer your result using imputation software. Where we are unable to do so, we will include only the data we could successfully process.

9. SHARING YOUR TEST RESULT
9.1 Once delivered, it is your responsibility to keep your Test Results secure and confidential.
9.2 If you choose to share your Test Result with any third party, including a physician, Partner Wellness Merchant, or Professional, you should understand that this may have serious implications, including your results forming part of your medical record, influencing insurance, and triggering applicable legal obligations.
9.3 Ask your physician about the effect of sharing your Test Result before disclosing it.
9.4 BioCertica will not be liable for any loss or damage suffered where you choose to share your Test Result with a third party.

10. TEST RESULT INTERPRETATION
10.1 If you require additional interpretation of your Test Result, a consultation with a Professional can be booked through the BioCertica Platforms, or you may approach a medical professional of your choice. BioCertica cannot assist with interpretation services.
10.2 If you use a medical professional outside the BioCertica network, you will be required to share your Test Results directly with them. This is at your own risk and expense.
10.3 We recommend completing the BioCertica online lifestyle and medical questionnaires before being referred to a Professional.
10.4 Notwithstanding any referral, BioCertica is not a healthcare provider and does not provide medical advice or diagnostic services.
10.5 Though BioCertica takes care in assessing Professionals in its network, BioCertica is not responsible for their designations, professional registrations, or compliance with applicable legislation.
10.6 If you have a complaint about a Professional, report them to the appropriate professional body and/or follow the applicable legal process.
10.7 If you request a Professional to interpret your results, BioCertica will share an enhanced version of your results with the Professional after you complete the required "Share Data" steps on the platforms.
10.8 We will also share your completed medical and lifestyle questionnaires with the Professional. The Professional cannot provide this service if you do not consent to data sharing.
10.9 The Professional may have their own terms and conditions governing your relationship with them. It is your responsibility to understand those terms before agreeing to them.
10.10 Notwithstanding BioCertica facilitating your access to a Professional, BioCertica is not a party to the relationship between you and the Professional. BioCertica's only role is as a payment facilitator.
10.11 A Professional may make comments and notes in relation to your Test Results on your BioCertica account, at the Professional's discretion.
10.12 Where a patient-physician relationship comes into existence between you and the Professional, BioCertica shall not be a party to this relationship. BioCertica does not employ the Professional and will have no liability for the acts or omissions of the Professional.
10.13 You are solely responsible for acting on the recommendations made or information provided by a Professional. BioCertica will not be liable for any loss or damage suffered as a result.
10.14 BioCertica does not warrant the availability of a Professional and does not guarantee your access to one. Availability is at the discretion of the Professional, and booked consultations may be cancelled or amended at the Professional's discretion. BioCertica will not be liable for any loss or damage suffered as a result.

11. VALUE-ADDED SERVICES
11.1 Value-Added Services may provide insights into your health and suggestions for individually tailored supplementation based on your Test Results.
11.2 You may elect to make use of Value-Added Services through the BioCertica Platforms.
11.3 Where you elect to use Value-Added Services, your Test Results will be shared with a Partner Wellness Merchant under a written agreement that includes data protection provisions.
11.4 In order to use Value-Added Services, you will be required to consent to your Test Results being shared with a Partner Wellness Merchant. If you choose not to consent, you will be unable to access Value-Added Services. We will not share your Test Results with any third party without your prior consent.
11.5 Notwithstanding any referral, BioCertica is not a healthcare provider and does not provide medical advice or diagnostic services.
11.6 Though BioCertica takes care in assessing Partner Wellness Merchants in its network, BioCertica is not responsible for their designations, professional registrations, or compliance with applicable legislation.
11.7 Partner Wellness Merchants may have their own terms and conditions governing your relationship with them. It is your responsibility to understand those terms before agreeing to them.
11.8 You are solely responsible for acting on the recommendations made or information provided by a Partner Wellness Merchant. BioCertica will not be liable for any loss or damage suffered as a result.

12. SERVICE LIMITATIONS
12.1 Your Test Results will only include results in respect of the category of service and/or test type you selected and paid for, even though it may be possible to produce additional results from the genetic material you submitted.
12.2 You acknowledge and agree that:
The BioCertica Products and Services are for informational purposes only. They are not intended to fulfil a diagnostic function or provide care for medical conditions or emergencies, and you should consult your private healthcare practitioner before making use of any BioCertica products.
Providing BioCertica with genetic material does not create a physician-patient relationship between you and BioCertica, and Test Results do not purport to diagnose any medical condition.
Neither the Test Results nor any information provided by BioCertica shall be construed as medical advice.
If your Test Results indicate a predisposition to a certain condition, it does not necessarily mean you will develop that condition. If your Test Results do not indicate a predisposition, it does not necessarily mean you will not develop that condition.
Your Test Results may become less relevant, outdated, or inaccurate based on your changing health condition, the passage of time, and/or advances in genetic testing and biotechnology. BioCertica will not be liable for any loss or damage suffered as a result.
12.3 You should consult your primary physician before making any changes to your healthcare regime based on your Test Results. BioCertica will not be liable for any loss or damage suffered due to actions taken pursuant to a Test Result.

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
13.1 You acknowledge that the BioCertica Platforms and/or the BioCertica Products and Services are provided on an 'as is' basis, without any warranty that they will be free from defects, to the extent that it is lawful to do so. The existence of errors alone will not constitute a breach of these Terms and Conditions. In the event of any defect or error, your sole remedy will be to cease use of the platforms and/or services.
13.2 BioCertica does not warrant that:
The platforms and/or services will meet your personal requirements;
The platforms and/or services will operate in the combinations you select;
The operation of the platforms and/or services will be uninterrupted or error-free; or
All errors or defects will be corrected.
13.3 No representations or warranties are made in respect of the accuracy of information provided as part of the platforms and/or services. Your use of the platforms and/or services is at your own and sole risk.
13.4 To the extent lawful, BioCertica disclaims all warranties with respect to the platforms and/or services, either express or implied, including warranties of accuracy, non-interruption, merchantability, fitness for a particular purpose, and/or non-infringement.
13.5 In no event shall BioCertica or its affiliates, officers, directors, employees, agents, service providers, or contractors be liable for any special, indirect, consequential, or incidental damages arising out of or related to the platforms and/or services, whether in contract, negligence, delict, under statute, in equity, or otherwise.
13.6 In no event shall BioCertica be liable for:
Any failure of the services or your use of the services;
Viruses or other malicious code that may infect your device;
Your reliance on any material or content provided through the platforms or services;
Any defect, error, failure, fault, delay, or unavailability of the platforms or services.
13.7 BioCertica will not be liable for any claims or losses arising as a result of anyone else gaining unlawful access to the platforms, or as a result of BioCertica acting on an instruction received from you.
13.8 BioCertica will not be liable for any default or delay in performance caused by any act of God, pandemic, epidemic, government restrictions, war, civil disturbance, labour unrest, court order, or any other circumstance beyond our reasonable control.
13.9 You agree to defend and indemnify BioCertica and its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from:
Your use of or access to any third-party platforms linked to the BioCertica Platforms;
Your violation of any part of these Terms and Conditions;
Your violation of any third-party right, including any copyright, trademark, trade secret, or privacy right; and/or
Any claim that your use of the platforms caused damage to a third party.
13.10 BioCertica's liability toward you shall, to the fullest extent permitted by applicable law, be limited to an amount equal to 500% of the amount paid by you to BioCertica in the 12 months immediately preceding the date upon which the liability arose.
13.11 This defence and indemnification obligation will survive termination, modification, or expiration of these Terms and Conditions.

14. LICENCE AND USAGE TERMS
14.1 You may use the platforms and services only for private, personal, legal purposes. You must not:
Resell, on-sell, or distribute Test Kits, Test Results, or any part of the services;
Tamper with, disassemble, decompile, reverse engineer, or attempt to derive the source code of the platforms or services;
Use or exploit the platforms or services for commercial gain, or copy them;
Sublicense, distribute, export, or resell the platforms or services; or
Exercise any right not expressly granted in these Terms and Conditions.
14.2 You are granted a revocable, non-transferable, non-exclusive, limited licence to use the BioCertica Platforms to receive the services for personal, private use.
14.3 The platforms may incorporate open-source software whose terms may override or supplement these Terms and Conditions.
14.4 You are responsible for telecommunications, internet, and other costs related to downloading and using the platforms, and for obtaining any necessary permissions to use the platforms on your device.
14.5 You are responsible for the security of the device used to access the platforms. BioCertica will not be responsible for any damages or losses, including in relation to data, suffered as a result of inadequate device security.

15. INTELLECTUAL PROPERTY
15.1 BioCertica and/or its licensors own all right, title, and interest in and to the BioCertica Content, including the platforms, services, and all related intellectual property. No licence or other right is granted to you except as specifically set out in these Terms and Conditions.
15.2 By communicating with BioCertica or sharing any information with BioCertica, you grant BioCertica a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display that communication or information in any form, media, or technology, for any purpose.
15.3 BioCertica retains ownership of all BioCertica Content, including your Test Results. You are granted a limited licence to use such content for your personal use only, and only to the extent of the service component you have selected and paid for.

16. INFORMATION SECURITY
16.1 We have put in place procedures to deal with any suspected security breaches and will notify you and applicable regulators where legally required to do so.
16.2 We will use reasonable measures, including encryption, to protect your information. However, transmission of information via the internet is not completely secure and we cannot guarantee the security of information transmitted to or via the platforms.
16.3 Any transmission of your information on the platforms is entirely at your own risk.
16.4 You are responsible for all activity occurring under your account and for keeping your accounts, passwords, and devices secure.

17. THIRD-PARTY LINKS
17.1 We may use third-party service providers to monitor our users' interests. The BioCertica Platforms may also contain links to third-party platforms. Clicking such links takes you away from the BioCertica Platforms.
17.2 We are not responsible for the content or security of third-party platforms or for the security of your information when you use them.
17.3 These Terms and Conditions do not govern information provided to, stored on, or used by third-party platforms. We recommend reviewing the terms and privacy policies of any third party you visit.
17.4 By using the BioCertica Platforms, you agree that we are not liable for:
The content, security, operation, accuracy, or completeness of any third-party platform, or the products or services offered through them;
The ownership or right of use of any software provided through a third-party platform;
Any content featured on a third-party platform accessed through links on the BioCertica Platforms; and/or
Any failure or problem affecting the products or services of a third-party platform, including any telecommunications, internet, electricity, or other service provider.

18. YOUR BIOCERTICA ACCOUNT
18.1 We will use reasonable endeavours to maintain the availability of the platforms and services and reserve the right to discontinue, terminate, suspend, or modify them with or without notice. BioCertica will have no liability in such instance, save for a duty to refund amounts paid for services not yet rendered at the time of termination.
18.2 You agree to conduct yourself in a respectful, lawful manner. You agree that you will not:
Infringe or violate the rights, including intellectual property rights, of any third party;
Distribute any form of marketing or unsolicited material to any third party; or
Post or transmit content that is defamatory, unlawful, hateful, obscene, abusive, or slanderous toward any third party.
18.3 BioCertica reserves the right to suspend or terminate your access if you contravene any of these terms. BioCertica will not be liable for any loss or damage suffered due to termination of access on this basis.
18.4 BioCertica reserves the right to suspend or terminate your use if it learns that you are under 18 and a parent or legal guardian has not consented on your behalf.
18.5 You warrant that all information you provide to BioCertica is up to date and correct.
18.6 Your account is personal to you and may not be used by third parties.
18.7 You can delete your BioCertica account at any time by following the prompts on the platforms.

19. DISPUTE RESOLUTION AND GOVERNING LAW
19.1 Any disputes shall be governed by the laws of South Africa. All proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in the Western Cape Division of the High Court in South Africa.
19.2 If a dispute arises, we will first attempt to resolve it informally. Please contact our service manager at info@biocertica.com to notify us of a dispute. Should informal resolution fail, the dispute may be referred to arbitration in accordance with the rules of the Arbitration Foundation of South Africa. This does not preclude either party from obtaining urgent interim relief from a court of competent jurisdiction.
19.3 If you breach these Terms and Conditions, we may take such action as we deem appropriate. All costs incurred in enforcing our rights, including legal costs on the scale as between attorney and own client and collection commission, shall be recoverable from you if our rights are successfully enforced.
19.4 It is not intended that any part of these Terms and Conditions contravene any applicable legislation. All provisions must be treated as qualified, to the extent necessary, to ensure compliance with applicable laws. No provision does or purports to:
Limit or exempt BioCertica from any liability to the extent that the law does not allow such a limitation;
Require you to assume risk or liability to the extent that the law does not allow such assumption;
Limit or exclude any warranties or obligations implied by the Consumer Protection Act No 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or other applicable laws.

20. SEVERABILITY
All provisions of these Terms and Conditions are severable from each other. Any provision that is or becomes unenforceable in any jurisdiction shall, in that jurisdiction only and only to the extent that it is unenforceable, be treated as pro non scripto (as if not written), and the remaining provisions shall remain in full force and effect.

21. WHOLE AGREEMENT
21.1 These Terms and Conditions, as read with the Privacy Policy, constitute the entire and only agreement between BioCertica and you and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
21.2 We reserve the right to modify or amend these Terms and Conditions at any time without notice. Your continued use of the platforms signifies your acceptance of these Terms and Conditions as amended from time to time.

22. ASSIGNMENT
22.1 Neither these Terms and Conditions nor any rights or obligations hereunder may be ceded, delegated, or assigned by you without the prior signed written consent of BioCertica.
22.2 BioCertica reserves the right to cede its rights or delegate its obligations without your prior written consent where such action is pursuant to a sale of business, sale of shares, change of ownership, or any internal reorganisation or amalgamation in respect of BioCertica and/or any of its holding entities.

23. HOW TO CONTACT US
23.1 For questions, comments, or requests about these Terms and Conditions, please contact us at info@biocertica.com with "Terms and Conditions" in the subject line, or call us on (021) 300 6387.
23.2 Technical support is available through the FreshDesk help function on our website. We will respond to all support queries within a reasonable period.

24. ADDITIONAL INFORMATION
Full name: BioCertica Proprietary Limited
Registration number 2012/109992/07
Physical address: Suite B03, La Concorde Building, 57 Main Road, Paarl, 7646, Western Cape, South Africa
Telephone: 021 300 6387
Website: www.biocertica.com
Email: info@biocertica.com
Self-regulatory bodies: None
Codes of conduct: None
Category of services: Biotechnology

Last updated: 25 November 2022

Last updated: 25 November 2022 Governing law: Republic of South Africa1. INTRODUCTIONBioCertica Proprietary Limited, trading as "BioCertica," maintains the website at www.biocertica.com and its related mobile application (together the "BioCertica Platforms"), and provides the services available on these platforms. The BioCertica Products and Services include the supply of genetic testing kits and related services which allow users to translate their genetic information into reports about their DNA, and that may assist them to make informed decisions about their health.Access to and use of the BioCertica Platforms and/or the BioCertica Products and Services is governed by these Terms and Conditions as read with the Privacy Policy. References to "BioCertica", "we", "us" or "our" shall be to BioCertica Proprietary Limited, including where applicable our affiliates and subsidiaries. References to "user", "you" or "your" shall be to any person that has registered for and uses the BioCertica Products and Services.Upon your acceptance, these Terms and Conditions will constitute a legally binding agreement between you and BioCertica and will also constitute your acceptance of the Privacy Policy.These Terms and Conditions contain warranty disclaimers and other provisions that limit BioCertica's liability towards you or which may require you to indemnify BioCertica or assume a risk or liability. By accessing and using the BioCertica Platforms and/or the BioCertica Products and Services, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions. If you do not agree, please do not use the platforms or services2. DEFINITIONS"BioCertica Content" means all content created by BioCertica, including the platforms, test kits, tests, test results, BioCertica packages, all data obtained through DNA analysis, technical and scientific information, and all other services or communications provided by us."BioCertica Package" means a test kit together with the relevant test(s) selected by you."BioCertica Products and Services" means all products and services provided by BioCertica through the platforms, as updated from time to time."Days" means calendar days unless qualified by "business", in which case any day other than a Saturday, Sunday, or South African public holiday."Intellectual Property Rights" means all intellectual property capable of protection, whether registered or unregistered, in any jurisdiction, including patents, trademarks, know-how, copyright, trade secrets, software, designs, and all associated goodwill."Partner Wellness Merchant" means any approved wellness merchant or related entity contracted by BioCertica to provide value-added services."Professional" means a medical professional forming part of the BioCertica network."Supplement" means a nutritional supplement or related health product recommended to you by a Partner Wellness Merchant."Test" means the BioCertica genetic test, including testing of your DNA at a laboratory in accordance with the test type selected by you."Test Kit" means the BioCertica DNA test kit supplied to you for the purpose of collecting a DNA sample."Test Results" means the report generated by BioCertica that translates your genetic information in accordance with the type of test selected by you."Value-Added Services" means the sharing of your test results with a Partner Wellness Merchant in order to (i) recommend over-the-counter supplements according to your test results; and/or (ii) further interpret your test results and create a personalised supplement.3. ACCESS TO THE BIOCERTICA PLATFORMS AND SERVICES3.1 You may only use the BioCertica Platforms and services if you are located in South Africa.3.2 You will only have access if you have completed the BioCertica registration process and been provided with the necessary log-in details.3.3 We may update the platforms from time to time. If you do not use the latest version, your access may be restricted.3.4 We may update these Terms and Conditions from time to time by notifying you. You will be required to accept updated terms prior to subsequent use. If you do not accept, your access may be suspended or terminated.3.5 If you are under the age of 18, you require a parent or legal guardian to consent to your use of the platforms and services, and your parent or legal guardian will be bound by these Terms and Conditions.3.6 The platforms and services are intended for personal use only and may not be used to obtain genetic information of any third party (except where you are acting as a legal guardian of a person under 18). You warrant that you are not an employer, government entity, insurer, or other third party seeking to conduct testing on others.3.7 Employers, insurers, and third parties wishing to conduct third-party testing must enter into separate agreements with BioCertica. Please contact us via the information in section 23.4. HOW WE USE YOUR DATA4.1 To facilitate your access and provide our services, we are required to process some of your personal information and share it with third parties such as our service providers and Professionals.4.2 We process personal information in accordance with applicable data privacy legislation and our Privacy Policy.4.3 Please read the Privacy Policy to understand what personal information we collect, where we collect it from, who we share it with, how long we retain it, whether it leaves the country, and how you can request access to or deletion of your information.4.4 We will destroy your genetic material within 30 days after your DNA sample has been processed.4.5 Your Test Results remain accessible via our database until you choose to delete your BioCertica account.4.6 You acknowledge and agree that we may perform complete tests on your genetic material which generate more information than what we provide as part of your Test Results. You will not have any rights or access to this additional information unless you purchase the applicable additional BioCertica Products and Services.4.7 You acknowledge and agree that we may keep and use your Test Results and extracted genetic data for research purposes. Any data retained for such purposes is aggregated and anonymised and will not identify you personally.5. PURCHASING A TEST KIT5.1 The estimated delivery time for a Test Kit is 1 to 5 business days from the date of your order and receipt of payment. Applicable delivery fees will be shown at checkout.5.2 BioCertica will not be liable for any loss of or damage to a Test Kit during delivery, or for any loss or damage where the Test Kit is received by an unauthorised or incorrect person.5.3 The Test Kit will contain instructions for use. If you require an additional Test Kit due to loss, contamination, or destruction, or because you did not follow the instructions correctly, this will be at your own expense.5.4 Collection of the Test Kit will be facilitated by a courier nominated by BioCertica. BioCertica will not be liable for any loss of or damage to a Test Kit during collection, or where the Test Kit is not collected by the courier or delivered to us in a processable condition.5.5 We cannot process your Test Kit if you remove the barcode from the swab, and we will not be obliged to provide a replacement. BioCertica will not be liable for any incorrect Test Results generated as a result of removal of or tampering with the barcode.5.6 You are required to follow the instructions precisely. BioCertica will not be liable for any incorrect Test Results generated as a result of your incorrect use of the Test Kit.5.7 We will send your Test Kit to our third-party laboratory service providers for processing. These providers may have operations in South Africa and/or abroad.5.8 Test Kits may also be purchased directly from a Professional. In this case, payment is made directly to the Professional, who is responsible for delivery. BioCertica will not be responsible for delivery and will not be liable for any loss of or damage to a Test Kit during the delivery process.6. PAYMENTS AND FEES6.1 BioCertica reserves the right to amend fees, payment terms, and payment methods at its sole discretion and without prior notice.6.2 BioCertica may from time to time offer discounts, free trials, and similar promotional offerings, subject to such additional terms as BioCertica may impose.6.3 Your order is not complete and fees are not set until you have placed an order. BioCertica will not be liable where a price displayed changes between the time you place an item in your cart and the time you make payment.6.4 Your bank or payment provider may charge additional transaction or facilitation fees. BioCertica is not responsible for any such fees.6.5 If paying by credit or debit card, BioCertica may request additional information to verify or authorise your payment. You warrant that you are authorised to use the card and that sufficient funds will be available.6.6 You are responsible for repaying any reversed or charged-back payments within 10 days of BioCertica requesting you to do so. BioCertica will not be obligated to provide services until such payment has cleared.6.7 If you purchase a Test Kit from a Professional or request a Professional to interpret your results, payments are made directly to that Professional and are subject to their own terms and conditions. BioCertica will not be liable for any inability to obtain a cancellation or refund from a Professional.6.8 Any payment link provided by BioCertica to facilitate payment to a Professional is provided in BioCertica's capacity as a payment facilitator only, and not as a provider of products or services under these Terms and Conditions.7. CANCELLATION AND REFUNDS7.1 Cancellation by BioCertica7.1.1 BioCertica may cancel your order at any time at our discretion. You will be refunded the full purchase price within 30 days of notice of cancellation.7.1.2 If BioCertica is unable to generate a result after 2 attempts, BioCertica will cancel your order and refund the full purchase price within 30 days.7.1.3 If BioCertica is unable to generate a result due to instrument or other failure on BioCertica's part, you will be refunded the full purchase price within 30 days.7.1.4 If BioCertica cannot process your results because your genetic material does not meet required quality levels as a result of your failure to follow the Test Kit instructions correctly, you will not be entitled to a refund.7.1.5 If BioCertica cancels your order under this section, you will not be entitled to submit another sample. If you do so, we will not be obligated to re-process your sample or refund you.7.1.6 Notwithstanding any cancellation by BioCertica, your genetic material will not be returned to you but will be destroyed in accordance with section 4.4.7.2 Cancellation by You7.2.1 You may cancel an order before it has been processed and receive a full refund within 30 days of the written cancellation request.7.2.2 If you cancel after the Test Kit has been delivered, you may return it in its original unopened condition at your own expense. Provided BioCertica is satisfied it is unused and unopened, a refund will be issued within 30 days, subject to a handling fee.7.2.3 You may also cancel in the following circumstances, subject to a handling fee:

• After your Test Kit has been collected by BioCertica, but before our laboratory partners have processed it; or
• After your Test Kit has been sent to our laboratory partners, but before you have received your Test Results.

7.2.4 Any handling fee will escalate on 1 January each year.7.2.5 You cannot cancel your order once our laboratory partners have processed your DNA sample, or you have received your Test Results.7.2.6 Notwithstanding any cancellation by you, your genetic material will not be returned to you but will be destroyed in accordance with section 4.4.7.2.7 Payments to a Professional and any related cancellations or refunds are subject to that Professional's own terms and conditions, to which BioCertica is not a party. BioCertica will not be liable for any inability to obtain a cancellation or refund from a Professional.7.2.8 Cancellations of consultation bookings must be made directly with the applicable Professional. We are not responsible for any delays or cancellations by the Professional.8. YOUR TEST RESULT8.1 You warrant that the genetic material you submit is your own (or that of a person under 18 for whom you are the legal guardian).8.2 We provide Test Results in a bespoke encrypted digital format only. We do not provide results in any other format.8.3 We may update, review, or amend Test Results based on new scientific and technological developments. We reserve the right to amend your Test Results after delivery, however we are under no obligation to update them once delivered.8.4 We partner with scientific professionals to determine which genes to analyse. Where your genetic material does not contain required gene markers, we may statistically infer your result using imputation software. Where we are unable to do so, we will include only the data we could successfully process.9. SHARING YOUR TEST RESULT9.1 Once delivered, it is your responsibility to keep your Test Results secure and confidential.9.2 If you choose to share your Test Result with any third party, including a physician, Partner Wellness Merchant, or Professional, you should understand that this may have serious implications, including your results forming part of your medical record, influencing insurance, and triggering applicable legal obligations.9.3 Ask your physician about the effect of sharing your Test Result before disclosing it.9.4 BioCertica will not be liable for any loss or damage suffered where you choose to share your Test Result with a third party.10. TEST RESULT INTERPRETATION10.1 If you require additional interpretation of your Test Result, a consultation with a Professional can be booked through the BioCertica Platforms, or you may approach a medical professional of your choice. BioCertica cannot assist with interpretation services.10.2 If you use a medical professional outside the BioCertica network, you will be required to share your Test Results directly with them. This is at your own risk and expense.10.3 We recommend completing the BioCertica online lifestyle and medical questionnaires before being referred to a Professional.10.4 Notwithstanding any referral, BioCertica is not a healthcare provider and does not provide medical advice or diagnostic services.10.5 Though BioCertica takes care in assessing Professionals in its network, BioCertica is not responsible for their designations, professional registrations, or compliance with applicable legislation.10.6 If you have a complaint about a Professional, report them to the appropriate professional body and/or follow the applicable legal process.10.7 If you request a Professional to interpret your results, BioCertica will share an enhanced version of your results with the Professional after you complete the required "Share Data" steps on the platforms.10.8 We will also share your completed medical and lifestyle questionnaires with the Professional. The Professional cannot provide this service if you do not consent to data sharing.10.9 The Professional may have their own terms and conditions governing your relationship with them. It is your responsibility to understand those terms before agreeing to them.10.10 Notwithstanding BioCertica facilitating your access to a Professional, BioCertica is not a party to the relationship between you and the Professional. BioCertica's only role is as a payment facilitator.10.11 A Professional may make comments and notes in relation to your Test Results on your BioCertica account, at the Professional's discretion.10.12 Where a patient-physician relationship comes into existence between you and the Professional, BioCertica shall not be a party to this relationship. BioCertica does not employ the Professional and will have no liability for the acts or omissions of the Professional.10.13 You are solely responsible for acting on the recommendations made or information provided by a Professional. BioCertica will not be liable for any loss or damage suffered as a result.10.14 BioCertica does not warrant the availability of a Professional and does not guarantee your access to one. Availability is at the discretion of the Professional, and booked consultations may be cancelled or amended at the Professional's discretion. BioCertica will not be liable for any loss or damage suffered as a result.11. VALUE-ADDED SERVICES11.1 Value-Added Services may provide insights into your health and suggestions for individually tailored supplementation based on your Test Results.11.2 You may elect to make use of Value-Added Services through the BioCertica Platforms.11.3 Where you elect to use Value-Added Services, your Test Results will be shared with a Partner Wellness Merchant under a written agreement that includes data protection provisions.11.4 In order to use Value-Added Services, you will be required to consent to your Test Results being shared with a Partner Wellness Merchant. If you choose not to consent, you will be unable to access Value-Added Services. We will not share your Test Results with any third party without your prior consent.11.5 Notwithstanding any referral, BioCertica is not a healthcare provider and does not provide medical advice or diagnostic services.11.6 Though BioCertica takes care in assessing Partner Wellness Merchants in its network, BioCertica is not responsible for their designations, professional registrations, or compliance with applicable legislation.11.7 Partner Wellness Merchants may have their own terms and conditions governing your relationship with them. It is your responsibility to understand those terms before agreeing to them.11.8 You are solely responsible for acting on the recommendations made or information provided by a Partner Wellness Merchant. BioCertica will not be liable for any loss or damage suffered as a result.12. SERVICE LIMITATIONS12.1 Your Test Results will only include results in respect of the category of service and/or test type you selected and paid for, even though it may be possible to produce additional results from the genetic material you submitted.12.2 You acknowledge and agree that:

• The BioCertica Products and Services are for informational purposes only. They are not intended to fulfil a diagnostic function or provide care for medical conditions or emergencies, and you should consult your private healthcare practitioner before making use of any BioCertica products.
• Providing BioCertica with genetic material does not create a physician-patient relationship between you and BioCertica, and Test Results do not purport to diagnose any medical condition.
• Neither the Test Results nor any information provided by BioCertica shall be construed as medical advice.
• If your Test Results indicate a predisposition to a certain condition, it does not necessarily mean you will develop that condition. If your Test Results do not indicate a predisposition, it does not necessarily mean you will not develop that condition.
• Your Test Results may become less relevant, outdated, or inaccurate based on your changing health condition, the passage of time, and/or advances in genetic testing and biotechnology. BioCertica will not be liable for any loss or damage suffered as a result.

12.3 You should consult your primary physician before making any changes to your healthcare regime based on your Test Results. BioCertica will not be liable for any loss or damage suffered due to actions taken pursuant to a Test Result.13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY13.1 You acknowledge that the BioCertica Platforms and/or the BioCertica Products and Services are provided on an 'as is' basis, without any warranty that they will be free from defects, to the extent that it is lawful to do so. The existence of errors alone will not constitute a breach of these Terms and Conditions. In the event of any defect or error, your sole remedy will be to cease use of the platforms and/or services.13.2 BioCertica does not warrant that:

• The platforms and/or services will meet your personal requirements;
• The platforms and/or services will operate in the combinations you select;
• The operation of the platforms and/or services will be uninterrupted or error-free; or
• All errors or defects will be corrected.

13.3 No representations or warranties are made in respect of the accuracy of information provided as part of the platforms and/or services. Your use of the platforms and/or services is at your own and sole risk.13.4 To the extent lawful, BioCertica disclaims all warranties with respect to the platforms and/or services, either express or implied, including warranties of accuracy, non-interruption, merchantability, fitness for a particular purpose, and/or non-infringement.13.5 In no event shall BioCertica or its affiliates, officers, directors, employees, agents, service providers, or contractors be liable for any special, indirect, consequential, or incidental damages arising out of or related to the platforms and/or services, whether in contract, negligence, delict, under statute, in equity, or otherwise.13.6 In no event shall BioCertica be liable for:

• Any failure of the services or your use of the services;
• Viruses or other malicious code that may infect your device;
• Your reliance on any material or content provided through the platforms or services;
• Any defect, error, failure, fault, delay, or unavailability of the platforms or services.

13.7 BioCertica will not be liable for any claims or losses arising as a result of anyone else gaining unlawful access to the platforms, or as a result of BioCertica acting on an instruction received from you.13.8 BioCertica will not be liable for any default or delay in performance caused by any act of God, pandemic, epidemic, government restrictions, war, civil disturbance, labour unrest, court order, or any other circumstance beyond our reasonable control.13.9 You agree to defend and indemnify BioCertica and its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of or access to any third-party platforms linked to the BioCertica Platforms;
• Your violation of any part of these Terms and Conditions;
• Your violation of any third-party right, including any copyright, trademark, trade secret, or privacy right; and/or
• Any claim that your use of the platforms caused damage to a third party.

13.10 BioCertica's liability toward you shall, to the fullest extent permitted by applicable law, be limited to an amount equal to 500% of the amount paid by you to BioCertica in the 12 months immediately preceding the date upon which the liability arose.13.11 This defence and indemnification obligation will survive termination, modification, or expiration of these Terms and Conditions.14. LICENCE AND USAGE TERMS14.1 You may use the platforms and services only for private, personal, legal purposes. You must not:

• Resell, on-sell, or distribute Test Kits, Test Results, or any part of the services;
• Tamper with, disassemble, decompile, reverse engineer, or attempt to derive the source code of the platforms or services;
• Use or exploit the platforms or services for commercial gain, or copy them;
• Sublicense, distribute, export, or resell the platforms or services; or
• Exercise any right not expressly granted in these Terms and Conditions.

14.2 You are granted a revocable, non-transferable, non-exclusive, limited licence to use the BioCertica Platforms to receive the services for personal, private use.14.3 The platforms may incorporate open-source software whose terms may override or supplement these Terms and Conditions.14.4 You are responsible for telecommunications, internet, and other costs related to downloading and using the platforms, and for obtaining any necessary permissions to use the platforms on your device.14.5 You are responsible for the security of the device used to access the platforms. BioCertica will not be responsible for any damages or losses, including in relation to data, suffered as a result of inadequate device security.15. INTELLECTUAL PROPERTY15.1 BioCertica and/or its licensors own all right, title, and interest in and to the BioCertica Content, including the platforms, services, and all related intellectual property. No licence or other right is granted to you except as specifically set out in these Terms and Conditions.15.2 By communicating with BioCertica or sharing any information with BioCertica, you grant BioCertica a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display that communication or information in any form, media, or technology, for any purpose.15.3 BioCertica retains ownership of all BioCertica Content, including your Test Results. You are granted a limited licence to use such content for your personal use only, and only to the extent of the service component you have selected and paid for.16. INFORMATION SECURITY16.1 We have put in place procedures to deal with any suspected security breaches and will notify you and applicable regulators where legally required to do so.16.2 We will use reasonable measures, including encryption, to protect your information. However, transmission of information via the internet is not completely secure and we cannot guarantee the security of information transmitted to or via the platforms.16.3 Any transmission of your information on the platforms is entirely at your own risk.16.4 You are responsible for all activity occurring under your account and for keeping your accounts, passwords, and devices secure.17. THIRD-PARTY LINKS17.1 We may use third-party service providers to monitor our users' interests. The BioCertica Platforms may also contain links to third-party platforms. Clicking such links takes you away from the BioCertica Platforms.17.2 We are not responsible for the content or security of third-party platforms or for the security of your information when you use them.17.3 These Terms and Conditions do not govern information provided to, stored on, or used by third-party platforms. We recommend reviewing the terms and privacy policies of any third party you visit.17.4 By using the BioCertica Platforms, you agree that we are not liable for:

• The content, security, operation, accuracy, or completeness of any third-party platform, or the products or services offered through them;
• The ownership or right of use of any software provided through a third-party platform;
• Any content featured on a third-party platform accessed through links on the BioCertica Platforms; and/or
• Any failure or problem affecting the products or services of a third-party platform, including any telecommunications, internet, electricity, or other service provider.

18. YOUR BIOCERTICA ACCOUNT18.1 We will use reasonable endeavours to maintain the availability of the platforms and services and reserve the right to discontinue, terminate, suspend, or modify them with or without notice. BioCertica will have no liability in such instance, save for a duty to refund amounts paid for services not yet rendered at the time of termination.18.2 You agree to conduct yourself in a respectful, lawful manner. You agree that you will not:

• Infringe or violate the rights, including intellectual property rights, of any third party;
• Distribute any form of marketing or unsolicited material to any third party; or
• Post or transmit content that is defamatory, unlawful, hateful, obscene, abusive, or slanderous toward any third party.

18.3 BioCertica reserves the right to suspend or terminate your access if you contravene any of these terms. BioCertica will not be liable for any loss or damage suffered due to termination of access on this basis.18.4 BioCertica reserves the right to suspend or terminate your use if it learns that you are under 18 and a parent or legal guardian has not consented on your behalf.18.5 You warrant that all information you provide to BioCertica is up to date and correct.18.6 Your account is personal to you and may not be used by third parties.18.7 You can delete your BioCertica account at any time by following the prompts on the platforms.19. DISPUTE RESOLUTION AND GOVERNING LAW19.1 Any disputes shall be governed by the laws of South Africa. All proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in the Western Cape Division of the High Court in South Africa.19.2 If a dispute arises, we will first attempt to resolve it informally. Please contact our service manager at info@biocertica.com to notify us of a dispute. Should informal resolution fail, the dispute may be referred to arbitration in accordance with the rules of the Arbitration Foundation of South Africa. This does not preclude either party from obtaining urgent interim relief from a court of competent jurisdiction.19.3 If you breach these Terms and Conditions, we may take such action as we deem appropriate. All costs incurred in enforcing our rights, including legal costs on the scale as between attorney and own client and collection commission, shall be recoverable from you if our rights are successfully enforced.19.4 It is not intended that any part of these Terms and Conditions contravene any applicable legislation. All provisions must be treated as qualified, to the extent necessary, to ensure compliance with applicable laws. No provision does or purports to:

• Limit or exempt BioCertica from any liability to the extent that the law does not allow such a limitation;
• Require you to assume risk or liability to the extent that the law does not allow such assumption;
• Limit or exclude any warranties or obligations implied by the Consumer Protection Act No 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or other applicable laws.

20. SEVERABILITYAll provisions of these Terms and Conditions are severable from each other. Any provision that is or becomes unenforceable in any jurisdiction shall, in that jurisdiction only and only to the extent that it is unenforceable, be treated as pro non scripto (as if not written), and the remaining provisions shall remain in full force and effect.21. WHOLE AGREEMENT21.1 These Terms and Conditions, as read with the Privacy Policy, constitute the entire and only agreement between BioCertica and you and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.21.2 We reserve the right to modify or amend these Terms and Conditions at any time without notice. Your continued use of the platforms signifies your acceptance of these Terms and Conditions as amended from time to time.22. ASSIGNMENT22.1 Neither these Terms and Conditions nor any rights or obligations hereunder may be ceded, delegated, or assigned by you without the prior signed written consent of BioCertica.22.2 BioCertica reserves the right to cede its rights or delegate its obligations without your prior written consent where such action is pursuant to a sale of business, sale of shares, change of ownership, or any internal reorganisation or amalgamation in respect of BioCertica and/or any of its holding entities.23. HOW TO CONTACT US23.1 For questions, comments, or requests about these Terms and Conditions, please contact us at info@biocertica.com with "Terms and Conditions" in the subject line, or call us on (021) 300 6387.23.2 Technical support is available through the FreshDesk help function on our website. We will respond to all support queries within a reasonable period.24. ADDITIONAL INFORMATIONFull name: BioCertica Proprietary Limited
Registration number 2012/109992/07
Physical address: Suite B03, La Concorde Building, 57 Main Road, Paarl, 7646, Western Cape, South Africa

Telephone: 021 300 6387
Website: www.biocertica.com
Email: info@biocertica.com
Self-regulatory bodies: None
Codes of conduct: None
Category of services: Biotechnology
Last updated: 25 November 2022