Terms of service
Additional wording for Terms of Service - Information Security Clausetions:
“Intellectual Property Rights” means legally recognized rights associated with creative and inventive works of the mind. These rights include, but are not limited to, patents, copyrights, trademarks, trade secrets, and any other similar rights that grant exclusive control over the use, distribution, reproduction, and exploitation of intellectual creations. These rights are protected by applicable laws and regulations and provide the holder with the authority to licence, sell, or otherwise transfer these rights to others.
“Days” means calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday or public holiday within the Republic of South Africa from time to time.
“Storage security”relates to your genetic data being stored in secure and controlled environments, with access limited to authorised personnel only. We implement encryption and access controls to prevent unauthorised retrieval or tampering.
“Regular Audits and Monitoring” We conduct regular security audits and monitoring to identify and address potential vulnerabilities. This proactive approach allows us to detect and mitigate security threats in a timely manner.
“Employee Training”, Our employees undergo comprehensive training on information security protocols and practices. They are well-informed about the importance of protecting your genetic information and maintaining confidentiality.
“Third-Party Vendors”, If we engage third-party vendors for services that involve processing your data, we ensure that they adhere to strict data security and privacy standards through contractual agreements.
Terms of Service – Ella Genetics
These Terms and Conditions ("Terms") together with our Privacy Policy (which may be found and accessed on our website at www.ellagenetics.com) govern your use of the genetic testing and related services and products provided by Ella Genetics and, where applicable, our affiliates and subsidiaries ("we," "our," or "us”).
1. Acceptance of Terms
1.1 By accessing or using our genetic testing services and/or products, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, or if you do not agree to any limitations or disclaimers outlined herein and/or in our Privacy Policy, you may not use our services and/or products.
1.2 Upon your acceptance hereof, these Terms will constitute a legally binding agreement between you and Ella Genetics and will also constitute your acceptance of the Privacy Policy.
2. Services Offered
2.1 Ella Genetics provides genetic testing services for various purposes, including ancestry analysis and health-related insights. The services may include sample collection kits, laboratory testing, and online reports.
2.2 Ella Genetics’ services and/or products are not intended for medical diagnosis, treatment, or clinical decision-making. Ella Genetics does not provide medical advice and no information that Ella Genetics shares with you, including your test results, shall be construed as medical advice. You are advised to consult with qualified healthcare professionals for medical concerns.
2.3 Ella Genetics retains the prerogative to decline the provision of its products and/or services under circumstances where there are valid reasons to suspect that the acquisition of genetic samples was or will be conducted unlawfully, or the outcomes will be employed for unlawful, inappropriate, or morally questionable intentions, or if the quality of Ella Genetics products and/or services could potentially be undermined, or if other rational justifications exist for such action.
3. User Eligibility and Responsibilities
3.1 You must be at least 18 years old to use our services. By agreeing to and accepting these Terms you warrant that you have legal capacity to do so.
3.2 You are responsible for providing accurate and truthful information during the registration and sample submission process, and always when dealing with Ella Genetics.
3.3 The genetic testing services and products supplied by Ella Genetics are intended solely for personal use. Obtaining genetic information of any third party, unless you are that person’s lawful representative, is strictly prohibited.
3.4 You agree not to use our services and/or products for any illegal, unethical, or harmful purposes, and accepting these Terms warrants that you are not doing so.
3.5 You guarantee that the genetic material you provide is your own; and if you are agreeing to these terms and conditions on behalf of someone else, from whom you have legal authorization, you guarantee that the sample provided belongs to that person and that you have legal authority to act on their behalf.
3.6 You warrant that you are entitled to provide Ella Genetics with all the information and data necessary to use the products and/or services offered by us and that you indemnify us against any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.
3.7 If you are, for purposes hereof, representing someone else, it is your responsibility to seek whatever legal advice may be necessary to establish and confirm that you do in fact have the lawful authorization to do so, in accordance with the laws of the country(ies) applicable to you and/or the person who you represent.
3.8 To utilize the services offered by Ella Genetics, including purchasing a test kit, registering that kit, completing, and submitting information electronically, and accessing and viewing your analyzed and interpreted results, it's necessary for you to possess internet connectivity. Any external service charges related to this connectivity must be borne by you. You are also responsible for procuring all essential equipment, including a computer or a modem or similar access device, to establish an internet connection.
3.9 The security of the device you employ to access and/or utilize Ella Genetics’ products and/or services lies within your responsibility. Ella Genetics shall not be held accountable for any losses or damages you may incur, including those arising from data damage or loss, due to insufficient security measures on said devices.
4. Sample Collection and Testing
4.1 You are responsible for following the provided instructions for your saliva at home collection device to ensure accurate results.
4.2 The accuracy and quality of test results depend on the quality of the provided sample. We cannot guarantee accurate results for samples that are compromised or improperly collected.
4.3 By agreeing to these terms, you acknowledge that your genetic sample may be sent to a third-party laboratory for processing and analysis. We do not guarantee any specific outcomes or results from the testing.
4.4 The processing and analysis of your genetic sample may occur within South Africa or abroad, depending on the expertise and capabilities of the selected third-party laboratories. Rest assured that we will choose laboratories that adhere to industry standards and regulatory requirements.
4.5 You confirm that you understand and agree that no physician-patient relationship between you and Ella Genetics will be created upon you returning a used test kit to us, containing your genetic material and that the test results do not purport to diagnose any medical conditions.
4.6 The typical process of ordering a genetic testing kit, its delivery, sample collection, and courier collection of the kit is as follows:
4.6.1 Ordering Process:
4.6.1.1 To initiate the process, you place an order through our website. By doing so, you provide us with accurate and complete information, including your contact details, shipping address, and any other requested information.
4.6.1.2 It is your responsibility to provide accurate and up-to-date information during the ordering process to ensure successful delivery and collection.
4.6.1.3. Should you buy the kit for someone else you are taking full responsibility of informing the person taking the DNA test about the terms and conditions.
4.6.2 Delivery of the Test Kit:
4.6.2.1 After receiving your order and payment, we will process your request and prepare a test kit for you. The kit will be dispatched to the shipping address you provided during the ordering process. The estimated delivery timeframes may vary based on your location and the shipping method chosen.
4.6.2.2 Ella Genetics will not be liable for any loss of or damage to a test kit during the delivery process, or for any loss or damage suffered where the test kit is taken receipt of by an unauthorised or incorrect person.
4.6.3 Sample Collection:
4.6.3.1 Upon receiving the genetic testing kit, carefully follow the enclosed instructions for sample collection. It's essential to ensure that you follow all provided instructions to obtain an accurate and valid sample. If you have any questions or concerns during the sample collection process, feel free to contact us for assistance under info@ellagenetics.com or 061 547 0502.
4.6.3.2 You are accountable for the proper and safe collection of the sample following the provided instructions. Ella Genetics will not be liable for any incorrect or invalid samples or test results due to incorrect use of the test kit or failure to properly follow the instructions provided.
4.6.3.3 We cannot process your sample if you remove the barcode from the packaging of your test kit, and if you do, we will not be obliged to provide you with a replacement kit. Ella Genetics will not be liable for any incorrect test results generated due to the removal of or tampering with the barcode in any way.
4.6.3.4 Should you assist someone else with doing the DNA test it is your responsibility to fill in the correct and accurate information for the person doing the at-home saliva collection. Ella Genetics will not be liable for any incorrect collections.
4.6.3.5 When sending back your DNA kit it is your responsibility to ensure the DNA barcode on the tube is linked to the personal information of the person taking the DNA test by filling in the form appearing when scanning the QR code on the box which the DNA at home saliva collection kit gets delivered in.
4.6.3.6 When sending back your DNA kit it is your responsibility to ensure the DNA sample test tube has the blue small cap screwed on.
4.6.3.7 Should you incorrectly link your DNA kit and we receive an anonymous faulty DNA kit, you will be held liable for the cost to resend a DNA saliva at-home collection device. No full refunds shall be granted in this event.
4.6.3.8 Should you wrongly collect the saliva with the DNA kit, either by not screwing on the blue cap or not being fastened for at least half an hour, you will be held liable for the cost to resend a DNA saliva at-home collection device. No full refunds shall be granted in this event.
4.6.4 Courier Collection of Kit:
4.6.4.1 Once you've collected the sample and filled in the form after scanning the QR code, a courier collection will automatically be scheduled. We will arrange for a designated courier, selected by Ella Genetics, to pick up the kit from the address you provided during the ordering process.
4.6.4.2 Any Courier Collections arranged on your behalf will not be covered by Ella Genetics.
4.6.4.3 You should be available at the address provided and time indicated. Should your collection by the courier be cancelled due to unavailability you will be held liable for the cost to book a second courier service.
4.6.4.4 The courier will follow specific guidelines to ensure the safe and timely collection of the sample kit, however, you must ensure that the sample kit is packaged securely and is accessible for the courier's collection.
4.6.4.5 Ella Genetics will not be liable for any loss of or damage to a sample kit during the collection process, or for any loss or damage suffered where the sample kit is not collected by the designated courier or delivered to us in a processable condition.
4.6.5 Delays and Limitations
4.6.5.1. While we make every effort to provide timely delivery and collection services, unforeseen circumstances such as shipping delays or courier availability issues may occur. We appreciate your understanding in such cases.
5. Privacy and Data Security
5.1 We take your privacy seriously and handle your genetic information in accordance with our Privacy Policy (available on our website www.ellegenetics.com).
5.2 We use industry-standard security measures to protect your personal and genetic information. However, no method of data transmission or storage is completely secure, and we cannot guarantee absolute security.
5.3 In cases where processing occurs abroad, it's important to note that data protection and privacy regulations may differ from those in South Africa. We will take all necessary measures to ensure that your data is transferred and processed in compliance with applicable laws and regulations.
5.4 By agreeing to and accepting these Terms, you grant us your express permission to collect, collate and process your personal information for the purpose of offering you our products and services. Due to the nature of the products and services we offer, we occasionally must share this information with our third-party partners and authorised service providers.
5.5 Please read our Privacy Policy to understand how and why we collect, process, store, and destroy your personal information.
5.6 We will share all DNA samples anonymously with our third party laboratories and only link the barcodes to the personal information once the data is received back
6. Use, Interpretation, and Sharing of Results
6.1 By accepting these Terms, you confirm that you understand that the test results and related information supplied by Ella Genetics are intended for informational and educational purposes only
6.2 Please do not alter your medical or lifestyle behaviours based solely on your test results only. Always consult with your relevant healthcare professionals before making any changes to your medication, diet, or exercise routine. The evaluation of one's health condition or ailments, considering diverse elements such as genetic information and prevailing symptoms, is a task reserved for medical professionals or healthcare providers exclusively
6.3 Making the decision to learn about your genetic information is a very personal one and differs from person to person. You must understand that sometimes, the results may cause you distress, may provoke an emotional response, and as such may result in adverse effects on aspects of your life. Therefore, it is so important that you prepare yourself and seek independent professional advice and support before, during, and after the testing process.
6.4 Once your results are delivered to you, you are responsible for keeping them secure and confidential. Ella Genetics will not be liable for any loss or damage suffered by you if you choose to share your test results with a third party.
6.5 You are responsible for to consult with a medical healthcare professional ("Healthcare Professional") for medical advice and/or for assistance in doing diagnostic test post the consultatuon receieving your test results.
6.6 Ella Genetics is not a health care provider and we do not provide medical advice or diagnostic services. However, upon your request, we may offer you a referral to a Healthcare Professional for assistance with the interpretation of your test results. Ella Genetics does not endorse the Healthcare Professional's services and accepts no liability for their actions, advice, services, licensing, designations, registrations, or compliance with applicable legislation. You acknowledge that you engage with the Healthcare Professional voluntarily and at your own risk.
6.7 If you decide to share your test results with a medical and/or healthcare professional, it will be at your own risk and expense, and you will be required to share your results directly with your chosen professional. We do not share your results on your behalf.
6.8 We do not share your genetic and/or personal information without your explicit consent, except as required by law or as outlined in our Privacy Policy.
6.9 Ella Genetics will not be liable for any loss or damage suffered because of reporting the test results to you or your legally authorized representative unless it can be proven that Ella Genetics has been negligent.
7. Services Limitations
7.1 The test results provided to you are based on the genetic material you provide and the test type you selected and paid for only. This is the case regardless of the possibility of more information being available from the genetic material provided and although Ella Genetics may offer various test types.
7.2 Genetic testing has inherent limitations, including the potential for false positives, false negatives, and the inability to predict certain outcomes with absolute certainty. You should not make life-altering decisions solely based on the results of genetic testing.
7.3 You are encouraged to seek counselling before and after using the services and/or products offered by Ella Genetics. Genetic counselling can provide a comprehensive understanding of the implications of genetic information and help you make informed decisions.
7.4 You agree and understand that:
7.4.1 If your test results show a tendency towards a particular condition, it does not guarantee that you will experience that condition. Similarly, if your results don't show a tendency towards a specific condition, it doesn't guarantee that you won't experience that condition; and
7.4.2 scientific understanding of genetics, genetic testing, and biotechnology is continually evolving. The information provided as part of our products and/or services may become outdated as new research emerges and Ella Genetics will not be liable for any loss or damage suffered by you due to your test result becoming inaccurate or of less relevance on this basis; and
7.4.3 Ella Genetics will not be liable for any loss or damage suffered by you due to actions taken or not taken by you or a third party pursuant to a test result.