Terms & Conditions
Order DArT genotyping services online.
Terms & conditions for online ordering
- If the samples provided by the Customer are rejected at Sample QC and are deemed unsuitable for carrying out the service, Diversity Arrays Technology Pty Limited (hereinafter “DArT P/L”) will notify the customer and will be under no obligation to carry out the service. Processing of a repeat set of samples provided by the Customer following rejection of the first set at Sample QC will attract an additional sample handling fee.
- The samples provided by the Customer are to be used solely for the DArT service contained in this service specification. Any unused samples will be dealt with by DArT P/L as requested by the Customer. If the Customer does not provide instructions within 28 days after DArT P/L has provided the results DArT P/L may destroy the samples.
- DArT P/L and the Customer will treat the terms and conditions of this Service Specification as confidential and will not, without the prior written consent of the other party, disclose or permit the same to be disclosed to any third party.
- The Customer owns the results obtained from the service provided and may use the results freely. DArT P/L will treat the results as confidential and will not, without the prior written consent of the customer, disclose or permit the results to be disclosed to any third party, subject to condition 5 below.
The Customer may request DArT P/L to share its results with third parties that the Customer designates via the Customer’s account on the DArT website. Where the Customer requests DArT to share its results, the Customer representative who makes such a request agrees:
a. That he/she is authorised to do so;
b. That DArT P/L may send the results to the designated third party using the contact details provided; and
c. That DArT P/L is not responsible nor liable for any incorrect third party contact details, use of the results by the third party, or for any further communication of the results by the third party.
- In order to improve the service for all customers, DArT P/L may use merged anonymous service results to build and publish integrated genetic maps.
- DArT P/L excludes all terms, conditions and warranties (including any warranty as to merchantable quality or fitness for purpose) implied by common law or by statute (‘implied warranties’) as to the manner, quality and timing of the service or the results unless the
exclusion of any such implied warranties would contravene the law or cause any part of these terms to be void.
- DArT P/L’s liability to the Customer for breach of any of these terms or of any implied warranties is limited, at DArT P/L’s option, to either reperforming the service or refunding any amounts paid.
- The Customer releases and indemnifies DArT P/L, its officers, employees, secondees and agents from and against all action, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly and whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (even if that damage was foreseeable and whether personal or property and whether direct or consequential, including consequential financial loss) arising out of:
- The Customer’s use of the results,
- The Customer’s negligence; or
- DArT P/L infringing intellectual property rights using the Customer’s samples, and from and against all damages, costs and expenses incurred in defending or settling any such action, claim, proceeding or demand.
Please note terms & conditions are subject to change and will be included on your service specification.
T&C’s last updated January 2023.
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