Our Terms of Service (what we call the “Terms”) make up the agreement between 9478-6480 Québec inc. (“Adnà”) and you. Adnà is a private business company located at C.P. 69, Succursale Rosemont, Montréal, Québec, H1X 3B6 Canada. These Terms govern your use and access to Adnà’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not (collectively, the “Services”).
Please read the Terms carefully, and any policies, guidelines or rules applicable to such Services, as they constitute a legal agreement between Adnà and you. We also encourage you to review our Privacy Statement for additional information. Of course, if you do not agree with our Terms or any other policies, then do not use the Services. You can delete your account from your Account Settings at any time.
By using the Services or creating an account, you represent, warrant and agree that:
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference: General Sales Conditions and tests information.
Each of these terms and conditions may be changed from time to time. Once we post changes on the Services, they are effective immediately.
Adnà may make changes to the Terms in the future. If we make a material change to the Terms, we will notify you, such as posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by the revised Terms.
Your relationship with Adnà is commercial. You are a licensee of the Services. You understand and agree that Adnà is engaged in a commercial enterprise. Adnà is not a regulated health services provider. Adnà does not assume any fiduciary or similar obligations to you as a result of you using the Services. Adnà is not a trustee of your Genetic Information or other Personal Information.
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information provided to you, whether now or as genetic research advances, will be welcome or positive. We encourage you to talk to a genetic counselor to help you understand your results and testing options.
Some people feel a little anxious about getting genetic health results and you may learn information about yourself that you do not anticipate. This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to using our Services or collecting your sample for testing. Additionally, you may discover things about yourself that trouble you and that you may not have the ability to control or change.
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 up to 5% of the time, including if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.
Here’s our policy on re-processing failed samples:
Note: If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, Adnà will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
You should not change your health related behaviors solely on the basis of Genetic Information received from Adnà.
Adnà’s Services are not intended to diagnose any condition or disease.
Adnà Services are for informational, and educational use only. We do not provide medical advice. Please note: the Genetic Information provided by Adnà is for informational and educational use only. This means two things:
In our Do’s and Don’ts list below, we describe what you can and cannot do while using the Services.
By accessing Adnà Services, you agree to, acknowledge, and represent that:
As a condition of your use of the Services, you warrant to Adnà that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Furthermore you agree you will not to use the Services to:
You agree that Adnà may, in its sole discretion and without prior notice, terminate your access to the Services. You also agree that any violation by you of these Terms including incorporated policies, such as the user conduct guidelines, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Adnà, for which monetary damages would be inadequate, and you consent to Adnà obtaining any injunctive or equitable relief that Adnà deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Adnà may have.
Adnà may preserve or disclose any information we have about you if we determine that such preservation or disclosure is necessary or allowed, with regards to applicable laws. Reasons for disclosure may include, but are not limited to: a connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Adnà’s rights or property, or the rights or property of visitors to or users of the Services, including Adnà’s customers. Adnà reserves the right to preserve or disclose any information that Adnà deems necessary to comply with any applicable law, regulation, or valid legal process.
If Adnà does take any legal action against you as a result of your violation of these Terms, Adnà will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Adnà. You agree that Adnà will not be liable to you or to any third party for termination of your access to the Services as a result of any violation or suspected violation of these Terms.
To use certain Services, you may need to create an account. You agree to provide Adnà with accurate, updated, and complete information for your account. Any parent or guardian who uses the Services on behalf of their child who is under the age of majority assumes full responsibility for ensuring the information that they provide to Adnà about their child is kept secure and that the information submitted is accurate. You are fully responsible for all activities that occur under your Adnà account, so it’s important to keep your account and password secure. If you think someone has gained access to your account, please contact our Customer Care Team immediately.
Your use of the Services is governed by our Privacy Policy. We encourage you to review our Privacy Policy to learn more about how we handle your personal data.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside (but will benefit from a similar protection to the one applicable in Québec if you reside in Québec), and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from Canada or the country from which you access any Service online.
If you reside in Quebec, any transfer of your personal information outside the province that we carry out is guaranteed by an agreement with third parties in order to maintain a level of protection equivalent to that applicable in Quebec.
“User Content” is all information, data, including text, audio, photographs, graphics, video, messages, or other materials generated by users of the Services and transmitted, whether publicly or privately, to or through Adnà. User Content does not include genetic or health information. To provide the Services to you, you must grant us a license to your User Content. We do not claim ownership of User Content, but you grant us a license to use it.
You give Adnà, its affiliated companies, sublicensees and successors and assignees a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, reproduce, adapt, modify, translate, publish, publicly perform, store, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. You acknowledge and agree that this license includes a right for Adnà to make such User Content available to other companies, organizations, or individuals with whom Adnà has relationships, and to use such User Content in connection with the provision of those services.
What does it mean to provide us with a license to your User Content? It means:
Other than User Content, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Services is owned, controlled or licensed by or to Adnà, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Adnà grants you a limited license to copy and distribute free of charge any information contained in Adnà products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Adnà for sharing or downloading from the Services, provided that you do not:
Unless with Adnà prior written agreement, no party is authorized to sell Adnà products or purchase products from adnalacarte.com for the purpose of reselling the products. No person or entity, without the express written consent of Adnà, is authorized to sell on any e-commerce platform.
You agree to defend and hold Adnà, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms; or your violation of any rights of another.
In addition, if you choose to provide your information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Adnà, its employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of your information.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS IN SOME CASES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS AND EXCLUSIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) ADNA MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADNA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. ADNA DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, ADNÀ SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF SOME TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MIGHT NOT APPLY TO YOU.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ADNÀ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
This agreement shall be governed by and construed in accordance with the laws of Quebec and the laws of Canada applicable therein.
Tout litige relatif à la validité, l’interprétation, l’exécution, la résiliation, les conséquences et les suites du Contrat sera soumis aux tribunaux compétents de la province de Québec, dans le district judiciaire de Montréal.
Modification. Adnà reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. If you violate the Terms and/or Adnà has a reasonable ground to suspect that you have violated the Terms, Adnà 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).
Termination. Adnà may also at any time, terminate its legal agreement with you if: (1) you have breached the Terms or incorporated policies, such as the user conduct guidelines (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Adnà is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Adnà offered the Services to you has terminated its relationship with Adnà or ceased to offer the Services to you; (4) Adnà is transitioning to no longer providing the Services to users in the country or in which you reside or from which you use the Services; or (5) the provision of the Services to you by Adnà is, in Adnà’s opinion, no longer commercially viable. Finally, Adnà may, in its sole discretion, restrict access to the website for any reason.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Adnà shall not be liable to you or any third party for any termination of your access to the Services, and you will defend and indemnify Adnà and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Survival of Terms. When the Terms come to an end, regardless of who terminates them, both you and Adnà will continue to be bound by all but the following sections: Limited License and Modification.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Adnà has no control over such sites and resources, you acknowledge and agree that Adnà is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You should read the terms and conditions, including privacy policies, of any third parties to understand the rules and policies governing your use of their services or products.
Entire Agreement. The Terms make up the entire agreement between you and Adnà, and supersedes any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Waiver. If we do not enforce a provision in these Terms, it will not be considered a waiver.
Severability Clause. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment. You may not assign or delegate any rights or obligations under this agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Adnà for any third party that assumes our rights and obligations under this agreement.
Notices to you may be made via either email or regular mail. Adnà may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices must be sent to us at:
By mail to:
9478-6480 Qc. Inc (Adnà)
CP 69, Succursale Rosemont
Montréal , QC
H1X 3B6 Canada
By email: info@adnalacarte.com
Additionally, Adnà accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.