Enkigen Genetics LTD is a DNA testing and comparison service that allows users to upload, test, and compare their DNA with samples and individuals from antiquity. Enkigen Genetics also allows users to provide samples of the user’s DNA for analysis and comparison. Enkigen Genetics’s services are for entertainment purposes. The following document explains the terms and conditions under which we provide these services. You agree to use Enkigen Genetics’s services in accordance with these Terms of Service. Please read them carefully.
Definitions:
- “Enkigen Genetics,” “we,” “us,” or “our” refers to the company Enkigen Genetics LTD, headquartered at 6 Abbey Business Park, Baldoyle Industrial Estate, Dublin, Dublin 13, D13 N738, Ireland. More information about the company may be found on our website at www.ancientdnaorigins.com, or its employees, contractors, or successors where applicable.
- “User” or “you” refers to customers who have engaged our services or used our website or materials and any agent by permission of the user.
- “Service” or “services” includes our tests, products, software, website, and published information, as used by the user. Enkigen Genetics provides no medical services.
- “Personal information” includes all information that can be used to identify you, the user. The information we collect and store includes the following:
- “User information” information you provided to us to open your account and purchase services. This information includes name, address, email address, user ID, password, contact information, and payment information.
- “Genetic information” is your genetic material, either derived from the sample you provided from which your DNA was extracted and sequenced by us or your data sequenced by another company and uploaded by you.
- “Web traffic information” refers to how you access and use the Enkigen Genetics website and is collected through cookies, log files, and web beacon technology.
- “Profile information” refers to information you provide to create your user profile.
Use of Enkigen Genetics
By using the services of Enkigen Genetics, you agree to the following:
- Compliance with Terms of Service. You may only use the services of Enkigen Genetics in compliance with our Terms of Service and all relevant local, state, national, and international law. You may not submit any personal information or any of our services in any jurisdiction where it is not legal for you to do so. You represent that you may form a legally binding contract with Enkigen Genetics. You may not use the service in any manner that would damage or overburden the services or interfere with another user’s enjoyment of the service. Any suspected fraudulent, abusive, harassing, or illegal use of Enkigen Genetics’s services will be reported to the appropriate law enforcement authorities. We reserve the right to refuse service to any person for any reason without explanation.
- Personal use only. Enkigen Genetics is for your personal use only. You agree that you may not use the services of Enkigen Genetics for any business or commercial purposes. You expect no financial benefit from your use of Enkigen Genetics. You understand that Enkigen Genetics provides no medical services and is for educational and entertainment purposes only. Enkigen Genetics does not provide medical advice, and nothing provided by us should be interpreted as medical advice. You agree to immediately notify Enkigen Genetics of any unauthorized use of your account, and you agree you may not transmit any information to Enkigen Genetics that you do not have the right to transmit under any law, contract, or fiduciary relationship. You agree not to submit the personal information of a person other than yourself or a person you are legally acting on behalf of. You may not impersonate another person or misrepresent your identity. If you believe your personal information was uploaded by another in violation of these Terms of Service, notify Enkigen Genetics at [email address].
- Submission of personal information. By submitting a DNA sample to Enkigen Genetics, you allow Enkigen Genetics to extract the DNA from the sample and perform genetic analysis on the DNA using methods available now and that may become available in the future. Your personal information is stored in compliance with EU law. Enkigen Genetics has no proprietary right to any genetic information. You agree to allow Enkigen Genetics to test and compare your genetic information using the tests you have agreed to and paid for. By submitting your personal information to Enkigen Genetics, you grant Enkigen Genetics a royalty-free and world-wide license to use your personal information for research purposes. Your personal information will never be published, sold, shared, or disclosed to third parties without your explicit approval. You may ask for the deletion of your DNA and any other information on our systems, with the exception of your accounting details and the payments that you have made.
- Transfer of rights. You may not transfer any right or obligation under these Terms of Service and any attempted transfer by you will be ineffective. Enkigen Genetics may transfer, delegate, or assign any right or obligation under these Terms of Service and you hereby consent to such transfer, delegation, or assignation.
- Enkigen Genetics’s proprietary rights. You acknowledge that Enkigen Genetics owns all legal rights to the services offered and all related intellectual property, including research and products to be developed from research on user’s genetic information, and software. You agree to not use the services in such a way that would infringe upon the intellectual property rights of Enkigen Genetics including creating derivative works, attempting to extract code, or reverse engineering any part of the services.
- Nature of services. The nature of services provided by Enkigen Genetics is subject to change as science and research progresses. You agree that the form and nature of services provided by Enkigen Genetics may change, including the results given in any test, to provide the best user experience. Further, Enkigen Genetics may modify or discontinue services to reflect changes in technology, commercial or business practices, user behavior, or other applicable laws and rules. Enkigen Genetics reserves the right to modify these Terms of Service as needed as new products and services become available and will notify its users of any significant changes to the service or Terms of Service.
- Acceptance. All orders are subject to acceptance by Enkigen Genetics. The contract between Enkigen Genetics and its users will only be made when an order is accepted and a confirmation of that order is sent to the email address you provided. Upon acceptance of your order, you will be charged. You agree to provide accurate and current contact information so that we may contact you concerning your order if necessary. Enkigen Genetics reserves the right to refuse service, suspend or terminate a user’s account, or bar a user from service if Enkigen Genetics provides any user information that it suspects is untrue, inaccurate, not current, or incomplete. We reserve the right to refuse service to any person for any reason without explanation.
- Payment. Payment will be made from your selected payment method. You must pay for all services in advance. If ordering an online test, you will not be able to access your selected test, service, or information until payment is made. The user will pay any applicable delivery charge. The prices of our services will be found on our website. If a price of a service changes, the change will not affect any order that has already been accepted but not completed. By submitting an order, you confirm that your payment details and contact information are valid and correct.
- User’s proprietary rights. Enkigen Genetics does not claim ownership over any user content or personal information. Unless required by an act of government, Enkigen Genetics will not sell, share, or distribute any user’s personal information but may use users’ personal information for research purposes. A user will have no propriety right to any research or commercial product resulting from that research arising from Enkigen Genetics’s use of the user’s genetic information. You may not assign or transfer your rights to use any part of the Enkigen Genetics’s services to any other person.
- Cancelation, termination, and refunds. Refunds may be considered at the discretion of Enkigen Genetics Limited and may be subject to administrative and handling fees. Due to the nature of Enkigen Genetic's services, tests sold through our online store are non-refundable. Coupons provided to purchase HomeDNA's kits are non-refundable. Subscriptions may be canceled within thirty days of purchase. The cost of any tests accessed through your subscription will be deducted from the purchase price of the subscription and the balance, if any, refunded to you within thirty days. Subscriptions may be canceled by submitting a cancelation request in writing to [email]. After thirty days, you have the right to close your account with us and terminate your subscription early by writing to us at [email]. Closing an account will not affect any outstanding liabilities of either party. You may have additional statutory rights. Enkigen Genetics may terminate its relationship with a user if the user breached any part of this agreement, where Enkigen Genetics is required to do so by law, if Enkigen Genetics is no longer providing services to a user’s country of residence, or if, according to Enkigen Genetics’s judgment, the services are no longer viable.
- Refusal of service. In the interest of maintaining a positive and respectful working environment, we reserve the right to refuse service to customers who engage in rude or abusive behavior. Our commitment is to ensure a safe and enjoyable experience for both our customers and staff. Instances of disrespectful conduct, including verbal or written abuse, will not be tolerated. We believe in fostering a cooperative and amicable atmosphere, and any behavior contrary to this principle may result in the refusal of service. We appreciate the understanding and cooperation of our valued customers as we work together to create a harmonious and mutually respectful business relationship.
- Indemnity. Enkigen Genetics is not liable for any loss or damage arising from your failure to comply with these Terms of Service. The user further agrees to indemnify and hold harmless Enkigen Genetics, its employees, contractors, and successors from any and all claims arising from your use of our services or your use and disclosure of your genetic information.
- Breach. If Enkigen Genetics has reasonable grounds to believe a user has breached these Terms of Services, Enkigen Genetics may terminate or suspend the user’s account, deny service to the user, and refuse to provide any services in the future. Enkigen Genetics does not waive any rights provided in this agreement by not taking action immediately.
- Disclaimer of warranties and liability. Enkigen Genetics makes no promises concerning the services provided. We cannot guarantee that online services will be reliably available when you wish to access them. We cannot guarantee that results obtained will be accurate or reliable or will meet your expectations. Any material downloaded or obtained through our website is done at your discretion and risk. Enkigen Genetics will not be responsible for any damage to your computer system that may result from any download or access. No advice given by Enkigen Genetics should be interpreted as a promise, endorsement, or medical advice. Enkigen Genetics does not accept any liability or responsibility with regard to your actions, reactions, behavior, or interpretation of the services or discovery of unwelcome or surprising information concerning your ancestry. By using our services, you agree to hold us harmless for any damage that may arise from your use of our service.
- Resolving disputes. Parties must first attempt to informally resolve all disputes; however, Enkigen Genetics may obtain injunctive relief for matters concerning data security and proprietary rights. A user must bring disputes to the attention of Enkigen Genetics in writing. These Terms of Service shall be interpreted under the laws of the Republic of Ireland and any dispute you have with Enkigen Genetics will be heard by the courts of the Republic of Ireland.
- Severability. If any parts of these Terms of Service is found to be unenforceable it will not affect the enforceability of the remaining portions.
