Terms of Service

Welcome and thank you for your interest in ZuyuanDNA. ZuyuanDNA Technology (Hangzhou) Co., Ltd and/or its affiliates (“ZuyuanDNA”, “we”, “us”) provide website content, functionality, and other products and services to you when you visit or make purchases at www.zuyuandna.com (the “Site”). ZuyuanDNA provides the Services subject to the following terms and conditions.

 

1. Acceptance of Terms

This Terms of Service (TOS) Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Site. These TOS cover any use of the Services, including but not limited to (a) your submission of a DNA sample for DNA extraction, processing, and storage, and/or (b) creating and using a free ZuyuanDNA account without providing your Genetic Information or DNA sample. To use the Services, you must first agree to these TOS.

 

2. Eligibility

a. Whether you submit your own saliva sample, a saliva sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with ZuyuanDNA, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

 

b. In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.

 

3. Description of Services

The Services include access to the ZuyuanDNA public website and personal genotyping services, including the collection and analysis of your saliva sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art of genetic research and technology in use by ZuyuanDNA at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, ZuyuanDNA is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ZuyuanDNA provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that ZuyuanDNA may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at ZuyuanDNA's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ZuyuanDNA when you stop using the Services unless you are requesting closure of your account. ZuyuanDNA assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

 

4. Considerations Regarding ZuyuanDNA Services

a. You may discover information about yourself that you, as well as your family, did not anticipate: You should be aware that some of the information you receive may be unexpected. In most cases, this information may be interesting. In other cases, it may lead to distress. Examples may involve: (i) information about your origins that contradicts prior assumptions; (ii) the discovery of an unknown relative; or (iii) discovering unexpected genetic information about a potential health condition. As a user, you take responsibility for all possible consequences that could result from use of these Services.

 

b. The laboratory may not be able to process your sample, and the laboratory process may result in errors: The laboratory may not be able to process your sample if your swab does not contain a sufficient volume of DNA, or the results from processing do not meet our lab standards for accuracy. If there is not enough volume of DNA, ZuyuanDNA will offer to send another kit to the user to collect a second sample at no charge. If the user declines this option, the user is entitled solely and exclusively to a complete refund of the amount paid to ZuyuanDNA, less shipping and handling.

 

c. Genetics is an evolving field of research: Currently, only a small percentage of the hundreds of thousands of data points we measure from your DNA are known to be associated with human traits or health conditions, and we may not know or comprehend all of the genetic contributions for a trait. The research community is quickly learning more about genetics as we discover new links between genes and traits. At times, research is also showing that some previously identified links may not be valid. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service depend on scientific studies, you may receive interpretations that are based on populations that might not apply to you. In the future, scientific research may change the interpretation of your DNA and the scientific community may show past research to be incomplete or inaccurate.

 

d. You should not change your health behaviors solely on the basis of information from ZuyuanDNA. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from ZuyuanDNA Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through ZuyuanDNA, you should contact your physician or other health care provider.

 

e. ZuyuanDNA Services are for research, informational, and educational use only. We do not provide medical advice. The Genetic Information provided by ZuyuanDNA is for research, informational, and educational use only. This means two things. First, many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all genotyped users to participate in ZuyuanDNA Research. Participation in such research is voluntary and based upon an IRB-approved consent document. As a result of the current state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

 

ZuyuanDNA does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your genetic and self-reported information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, ZuyuanDNA believes that (a) genetics is only part of the picture of any individual's state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by ZuyuanDNA, ZuyuanDNA employees, others appearing on our website at the invitation of ZuyuanDNA, or other visitors to our website is solely at your own risk.

 

While we are licensed in China as a clinical laboratory, not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state/provincial, federal, or international authorities for genetic testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have required licenses.

 

5. User Representations

By accessing ZuyuanDNA Services, you agree to, acknowledge, and represent as follows:

 

a. You understand that information you learn from ZuyuanDNA is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the ZuyuanDNA services are intended for research, informational, and educational purposes only, and that while ZuyuanDNA information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that ZuyuanDNA urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.

 

b. You give permission to ZuyuanDNA, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your swab sample and you specifically request ZuyuanDNA to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.

 

c. You represent that you are eighteen (18) years of age or older if you are providing a swab sample or accessing your Genetic Information.

 

d. You are guaranteeing that any sample you provide is your oral swab; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.

 

e. If you are a customer outside China providing a swab sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.

 

f. You agree that any swab sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.

 

g. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.

 

h. You are aware that some of the information you receive may provoke strong emotion.

 

i. You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.

 

j. You understand that all your Personal Information will be stored in ZuyuanDNA databases and will be processed in accordance with the ZuyuanDNA Privacy Statement.

 

k. Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by ZuyuanDNA or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

 

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations ZuyuanDNA has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ZuyuanDNA and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

 

6. Modifications to Service

ZuyuanDNA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the ZuyuanDNA features or Services, and (ii) ZuyuanDNA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

 

You acknowledge that ZuyuanDNA may offer additional or different technologies or features to collect and/or interpret Genetic Information in the future and that your original purchase of the Services does not qualify you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

 

7. Notification

ZuyuanDNA may contact you within the Services, via email or physical mail to inform you of changes to these TOS. You agree that contact in any of these forms will meet any legal communication requirements, including that communication be in writing.

 

8. Changes to the Terms of Service

ZuyuanDNA reserves the right to make changes to these TOS and may do so from time to time. When changes are made, we will make a new copy of these TOS available on our website. New additional terms will be made accessible to you from within the Services affected.

 

We will notify you via email of any changes or additions to these TOS. You acknowledge and agree that your use of the Services, after the date on which these TOS have changed, will be treated as your acceptance of the updated TOS.

 

9. Termination or Suspension of your Account

We have the right to limit, suspend, or terminate your access to the Services without a refund if you violate or act inconsistently with the spirit of these TOS. In such a case, you do not have the right to a refund for any purchase.

 

10. Warranty

We want you to enjoy using our services. However, we do not warrant the usefulness, accuracy, or completeness of the Services, nor do we endorse, warrant or guarantee the Services, including, without limitation, any prices, descriptions, products and product warranties, or other information posted by other vendors or Partners.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZUYUANDNA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. ZUYUANDNA DOES NOT MAKE ANY PROMISES (A) ABOUT THE SPECIFIC FUNCTIONALITY OF THE SERVICES, (B) ABOUT THE ZUYUANDNA CONTENT, (C) ABOUT THE ACCURACY, QUALITY, RELIABILITY, OR AVAILABILITY OF THE ZUYUANDNA CONTENT OR SERVICES, OR (D) THAT THE ZUYUANDNA CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

11. Limit of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that FamilyTreeDNA shall not be liable for any indirect, direct, incidental, consequential, special, or exemplary damages, including but not limited to, damages for goodwill, loss of profits, use, data or other intangible losses (even if FamilyTreeDNA has been informed of the possibility of such damages), resulting from: (a) the use or the lack of ability to use the services; (b) any action you take based on the information you receive as a result of the services; (c) the cost of procurement of substitute goods and services resulting from any goods, information, data, or services obtained or purchased or transactions entered into through or from the services or messages received; (d) your failure to keep your password or account details secure and confidential; (e) the improper authorization for the services by someone claiming such authority; (f) unauthorized access to or alteration of your transmissions or data; or (g) statements or behavior of any third party on the services.

 

12. No Resale of Service

In agreement to these TOS, unless otherwise agreed in a separate agreement between you and ZuyuanDNA, you agree not to distribute, display, perform, license, publish, duplicate, modify, reproduce, copy, create derivative works from, sell or resell, exploit, transfer, or transmit for any commercial purposes, any portion of the Service, access to the Service, or use of the Service.

 

13. Geographic Restrictions

ZuyuanDNA is a Chinese company and provides the Services in the People's Republic of China ("China"). Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside China, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.

 

14. Applicable Law

You agree that: (a) the Services shall be deemed solely based in China; and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over ZuyuanDNA, either specific or general, in jurisdictions other than China. This Agreement and any dispute regarding the Services shall be governed by the laws of China, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of China in Hangzhou city for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the below Arbitration provision.

 

15. Arbitration

We want to keep our customers satisfied. If a dispute arises between you and ZuyuanDNA, our objective is to provide a speedy and cost-effective means of resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

 

In the unlikely event that ZuyuanDNA has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any ZuyuanDNA claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Hangzhou Arbitration Comission (“HAC”) in the city of Hangzhou, under the commercial rules then in effect for the HAC, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing ZuyuanDNA from seeking injunctive or other equitable relief from the courts as necessary to protect any of ZuyuanDNA’s proprietary interests.

 

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and ZuyuanDNA are each waiving the right to a trial by jury or to participate in a class action.

 

For E.U. Customers. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing contained in this clause shall limit ZuyuanDNA's rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

 

For the European Union area, we have installed a EU-Representative according to Art. 27 EU-GDPR. You can contact our EU-representative using the email address privacy@zuyuandna.com.

 

Additional Dispute Information for EU Members: Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/.

 

Contact Us

If you have any questions about our TOS, the Privacy Statement or the Services of ZuyuanDNA, you can contact us by emailing info@zuyuandna.com.