((Terms and Conditions "Agreement"))

 

Section I

- Preamble –

 

The following provisions shall be referred to as (Terms and Conditions). They are an electronic contract (electronic agreement) providing for the legally binding terms and conditions and constituting an agreement between both Parties. They must be accepted as a condition of using this Website and all other platforms of DNA & US or and its affiliates. If you do not accept any of the terms of this Contract, please do not request the service or use the Website.

 

This Preamble constitutes an integral part of the Terms and Conditions Agreement.

 

 Section II

 Definitions

 

Article (1)

 

In the application of this Agreement, the following terms and expressions shall have the meanings assigned to each, unless otherwise required by the context.

 

1-    Agreement: The electronic contract and agreement, including all articles and clauses contained therein, which constitutes the Terms and Conditions of the Services provided by DNA & US.

 

2-    First Party: DNA & US Company and all natural and legal entities affiliated thereto and owned thereby.

 

 

3-    Second Party: A client who desires to receive and use the Services, whether for itself or for another person giving it an express authorization, and whether he/she uses the user account itself to receive the Services or authorizes another person to use the same under an express authorization.

 

4-    Other Users: Any persons other than the Second Party, who receive or use the Services provided by the First Party.

 

5-    User Account: An account created by the Second Party upon registration to the Website, whether or not this Account contains genetic information or results, and whether, in the first case, such information and results pertain to it or to another person who has an express authorization, through which it will be able to receive or use the Services provided by the First Party, whether through this Website directly or through other platforms affiliated thereto.

 

6-    Website: The main central website wholly owned by the First Party, which includes some linked webpages and can be accessed through the homepage, including all content, information, or users therein. The link to this Website is WWW.DNAANDUS.NET.

 

7-    Website Platforms: They are virtual electronic environments for all interactive publications and posts. They are owned directly by the First Party, including, for example, the smart phone applications and accounts of the First Party on the social media networking.

 

8-    Services: All products and services provided by the First Party, including, for example, the ability to access and view the Content of the Website and the Website Platforms, and for the purpose of using such, in whatever manner.

 

9-    Content: Any innovative production, whether written, visual, or audio; whether static or mobile; and whether real or virtual. Thus, it includes, for example, but is not limited to, any written and readable subjects, images, video and audio recordings, certificates, documents, and other materials that can be classified as content.

 

10-  DNA Sample: Any tangible object that contains the DNA of the Second Party or any other person, irrespective of its shape, source, and the manner of its acquisition.

 

11-  Digital Genetic Information: An electronic file, irrespective of the format thereof, that has arrays of letters, figures, and words, that includes the genetic information of the Second Party or any other person.

 

12-  Abstract Genetic Information: Any information the Second Party or the User manually uploads to the Website on or after registering its User Account, and any document, certificate, image, or recording such Party of User attaches thereto to prove its validity, without providing any DNA Sample or Digital Genetic Information File.

 

13-  Privacy Statement: A document that explains how the First Party collects, uses, stores, processes, shares, and transfers the information of the Second Party or Other Users when operating its Website and the Website Platforms, such as the smart phone applications, in order to provide them with the Services.

 

Section III

Agreement to Terms and Conditions

 

Article (2)

 

No person may obtain the Services provided by the First Party or use any of the related services, unless it agrees to the Terms and Conditions contained herein.

 

Agreeing to abide by the Terms and Conditions of the Agreement is confirmed by clicking on the acceptance icon, whereby the User acknowledges that it has read the Agreement and agrees on the Terms and Conditions thereof and to be subject thereto. Any person who obtains or otherwise uses the Services provided by the First Party whether through the Website or Website Platforms, or using them outside and elsewhere, real or virtual, shall be deemed to have accepted such Terms and Conditions and to be subject thereto.

 

In the event that any person logs into the User Account that is created by another person and acts on behalf of and is authorized by that person, it agrees, upon using the Account, to the Terms and Conditions contained therein.

 

The instructions and guidelines for a particular product or service of the Products and Services provided by the First Party constitute an integral part of this Agreement. The First Party shall provide such instructions and guidelines in the same service page or link them there.

 

Article (3)

 

This Agreement and the Appendices thereof are effective, govern the relationship between the First Party and the Second Party, and supersede any prior agreement that the First Party had published on access to and use of the Services.

 

Article (4)

 

The failure to enforce the provisions of any articles, clauses, or conditions of this Agreement shall not be deemed a waiver thereof, and the First Party shall be entitled to enforce the same at any time.

 

In the event that the provisions of articles, terms, or conditions of this Agreement are found to be unenforceable, whether wholly or partially, permanently or temporarily, this does not affect the validity of the provisions of other articles, terms, and conditions contained herein, even if they are related to each other, as long as their enforcement and application are possible.

 

Section IV
Eligibility to Access and Use the Services

 

Article (5)

 

The Services provided by the First Party may be obtained only by the owner of the DNA Sample or the Digital or Abstract Genetic Information and by any person who has a special and express authorization from the owner of the Sample. In all cases, the following persons are prohibited from obtaining or using the Services:

 

1-    Persons who are prohibited from receiving the Services, whether such prohibition is imposed by the First Party for any of the reasons stipulated in the Agreement, or by the competent authorities at the area where either Party resides or any other area where the Services are used. In such case, the Second Party alone shall assume the full responsibility when obtaining or using the Products or Services in violation of the prohibition imposed by the First Party or the competent authorities in the area where either Party resides or any other area where the Services are used.

 

2-    Persons who are under the age of eligibility. Any person who is above the age of eighteen Gregorian years shall be eligible to receive the Services provided by the First Party. Any person above thirteen and under eighteen Gregorian years shall be entitled to receive the Services, provided that approval of the legal guardian is obtained.

 

In all cases, if the First Party finds that the provisions set forth in this Article are violated, it shall have the right to terminate the Second Party’s right to access and use the Services. In such case, the latter shall not have the right to recover the service fees and shall assume the full responsibility for any subsequent damage. Moreover, the First Party may claim compensation from the Second Party for any damage the former sustains in consequence of the latter's actions.

 

Section V
Accessibility to the Services

 

Article (6)

 

Subject to the provisions of Article 1/8 of this Agreement, the Services include providing the ability to access the First Party’s official Website or the Website Platforms, whether real or virtual (electronic); access any research, reports, working papers, and statistics thereon, including any numbers, information, images, video or audio recordings, or any form of content; create a User Account for the Second Party or any person holding a special and express authorization therefrom to obtain the Services on their behalf and for their benefit; upload and share any information, data, images, video or audio recordings, or any form of content and share the same with any third party in an interactive manner; submit their DNA Samples or the samples of those authorizing them; upload their Digital Genetic Information or Abstract Genetic Information; submit, process, analyze, and interpret the relevant certificates and images, whether by the First Party or any third party cooperating therewith; and present and compare the results with the database of the First Party or of any third party cooperating therewith.

 

Article (7)

 

The Second Party understands that in order to obtain the Services provided by the First Party, it must have access to the Internet. Accordingly, the Second Party shall be responsible for providing all equipment necessary for such access and for paying any service fees relevant thereto.

 

Article (8)

 

In order to obtain and use the Services provided by the First Party, the Second Party agrees to create its own User Account on the First Party’s Website or Website Platforms, and to provide the following:

 

1-    Correct and complete contact information, including a valid email address.

 

2-    Maintain and update the account information immediately to keep it accurate and updated.

 

Article (9)

 

The Second Party accepts that the email address provided thereby in its User Account is the legal means of communication therewith. Thus, its knowledge of all communications sent thereto by the First Party on such email can be invoked.

 

Article (10)

 

The Second Party may obtain the Services provided by the First Party and use the same for the intended purpose, whether for or without fees as determined by the First Party. In doing so, the Second Party agrees to provide the DNA Samples, the Digital Genetic Information, or the Abstract Genetic Information, taking into account the provisions of Article (5) hereof.

 

In the event that Digital or Abstract Genetic Information is submitted, the Second Party shall ensure that it is owned thereby or that it has the right to dispose of it, in accordance with the provisions of Articles (2) and (5) of this Agreement, and that it is true and not false.

 

Article (11)

 

In case it suspects that the information set forth in Articles (1), (2), (5), and (8) of this Agreement is not true or accurate, the First Party shall have the right to temporarily suspend the Second Party’s User Account pending this information being corrected. The First Party may also terminate the User Account, reject the information contained therein, or prevent all current or future use of the Service or any part thereof.

 

Article (12)

 

The Second Party’s User Account will be created via registration by entering the required information. Upon the issuance of the User Account Number, the Account will be officially created. It is the responsibility of the Second Party to maintain the confidentiality of the Account and password. Moreover, the Second Party shall be fully responsible for all activities carried out on or through the Account.

 

Article (13)

 

If the Second Party allows any third party to access the First Party’s Website or the Website Platforms through its User Account and password, the Second Party shall be solely responsible for any ensuing damage. The Second Party shall also compensate the First Party or any other party for any damage, liability, or costs ensuing in consequence of this behavior or in connection thereto.

 

The Second Party shall also:

 

1-    Immediately notify the First Party of any unauthorized use of its User Account or password, or of any other security breach.

 

2-    Immediately contact and notify the First Party in the case that its User Account is accessed by a third party without authorization.

 

3-    Ensure that it logs out of its User Account at the end of each session.

 

The First Party shall not be liable for any damage or losses arising from non-compliance with the instructions contained in Clauses (1) and (2) of the preceding paragraph.

 

Article (14)

 

By creating the User Account, the Second Party agrees to receive promotional emails and notifications from the First Party via the email registered in its Account.

 

The Second Party shall always have the option to stop receiving the promotional emails from the First Party through the settings in its Account, or by clicking on the “Unsubscribe” icon under the promotional emails.

 

However, the Second Party may not unsubscribe the receipt of non-promotional emails relating to its User Account, such as the service-related or purchase confirmation emails.

 

Article (15)

 

The Second Party acknowledges its knowledge that Other Users can view the general information on its User Account, in addition to the identification number of its own account, as detailed in Clause “Fifth” of the Privacy Statement, including, for example:

 

1-    Personal picture on the User Account.

 

2-    Background image of the User Account.

 

3-    Public name of the User Account.

 

4-    Chosen domicile of the User Account, including the country and the city.

 

5-    Sex.

 

6-    Public profile of the User Account “Bio”.

 

7-    The biography attached to the User Account.

 

8-    The Second Party’s email if it chooses to make it visible to others by adjusting the settings.

 

9-    The following genetic results that the Second Party chooses to make visible to others:

a-    Paternal genetic lineage and deep mutation

b-   Maternal genetic lineage

c-    Results of the race examination

d-   Results of the civilization examination

e-    Matches with Other Users

f-     The statistics related to such results

 

10-  Any other information the Second Party chooses to make visible to Other Users.

In all cases, the payment information, addresses, and information of the same DNA Sample and the Digital or Abstract Genetic Information File shall not appear in the Second Party’s User Account.

 

 

For any other information, the User shall be referred to the Privacy Statement.

Article (16)

 

The First Party shall take the utmost care and precautions to prevent any third party from accessing the information referred to in the last paragraph of Article (15) hereof. If it suspects that a third party accesses or attempts to access this information, the First Party shall reserve the full right to take all legal actions.

 

In the event that the Second Party discloses any of this information to Other Users or to any third party, it shall be solely responsible for any subsequent damage and shall compensate the affected persons.

 

Article (17)

 

In the event that the Second Party submits to the First Party a DNA Sample, Digital or Abstract Genetic Information File, and any related documents and attachments, whether they belong to it or to its agent, in accordance with the provisions of Articles (1), (2), and (5) hereof, it acknowledges that it is fully aware of and agrees to the following:

 

1-    Processing the submitted Samples or Digital or Abstract Genetic Information outside the country of residence.

 

2-    Granting the First Party a comprehensive authorization to conduct examinations, extraction, processing, interpretation, comparison and matching; presenting results; conducting statistics and entering them into the database; and providing other related services, whether conducted by the First Party itself or by its agents and subcontractors, without any liability on the First Party except to the extent indicated in the Terms and Conditions contained herein.

 

3-    Granting the First Party, or its subcontractors, agents, principals, or future assignees the permission to provide testing and genotyping services for the DNA Sample belonging to the Second Party or its representative, using the currently available testing methods or new ones to be developed in the future.

 

4-    Comparing its Genetic Information or the information of its agent to the database of the First Party or any third party cooperating therewith.

 

5-    Agreeing that the First Party will use its own Genetic Information and other personal information as indicated in this Agreement and the Privacy Statement.

 

6-    Not to acquire any rights over any commercial products or research developed by the First Party or the latter’s partners and not to receive any compensation for any research or product development.

 

Article (18)

 

The Second Party acknowledges that it is aware and agrees that in case it submits its DNA Sample to the First Party, it may not recover it or any remaining part thereof, and that the First Party will keep it or any remaining part thereof in its storage places or those of its agents or contractors, for providing the Services, for a term of up to twenty-five years.

 

The Second Party also acknowledges that it is aware that in case the Digital or Abstract Genetic Information File is uploaded to the First Party's Website or the Website Platforms, the latter shall keep it or any remaining part thereof in its storage places or those of its agents or subcontractors, for providing the Services.

 

In all cases, the Second Party may request the First Party to remove or delete its results or to destroy its remaining DNA Sample or Digital and Abstract Genetic Information, including any documents, certificates, and photos, through an express request to be sent to (INFO@DNAANDUS.COM). Once the removal, deletion, or destruction process is completed, neither the First Party nor the Second Party will be able to recover it.

 

The First Party shall not assume any responsibility or liability for failure to store or delete any content maintained or transferred by the Services, or for the loss of the DNA Samples or the Digital or Abstract Genetic Information due to failure, destruction, or the hacking of its data servers or those of its agents or subcontractors, or for any other catastrophic events.

 

Article (19)

 

The First Party shall provide the Services and facilitate their use as stipulated in the description of each Service, in return for the fees set for each. The First Party shall also exert its utmost care and effort to ensure the accuracy of the service outputs and enhance their quality, and present them in a simplified and understandable way, whenever possible.

 

Article (20)

 

The scope of the Services provided by the First Party will be restricted to the historical research purposes; genealogy; entertainment, educational, and media use; non-medical and health purposes; and non-law enforcement, judicial, criminal, and similar purposes.

 

The Services provided by the First Party may not be used for the purposes of judicial and legal acts, criminal examinations, forensic examinations, criminal investigations, law enforcement, or any other similar act, unless with a reasoned judicial permission given by the jurisdictional authority in accordance with the provisions of the applicable law, indicating the scope of use in terms of the venue, time, and covered persons, and with a written consent of the First Party based on such permission.

 

In all cases, the Services provided by the First Party may not be used in medical, health, diagnostic, or other acts of a similar nature.

 

Moreover, these Services may never be used by an employer or an insurer with the intention of obtaining information about an employee or an insured person.

 

Article (21)

 

By receiving the Services provided by the First Party, the Second Party acknowledges that it is fully aware that the genetics and historical research are constantly developing fields, and each development or leap in such fields reveals some flaws or inaccuracies in some previous interpretations or some missing parts. Therefore, the First Party does not guarantee the completeness and the 100% accuracy of the results. Nevertheless, the First Party shall exert utmost effort to keep abreast of such developments and automatically update the results of the Second Party in light of the developments it will be able to access.

 

The Second Party is aware that with regard to the historical content that is provided by the First Party relating to the genetic results of the Second Party, whether such Content is in the form of written information, images, video or audio recordings, or in any other form, it may, as is the case with the historical research, contain unintended errors or different views or judgments, which may be right or wrong. Therefore, the First Party does not guarantee the 100% accuracy of this Content. Nevertheless, the First Party shall exert utmost effort to collect information from reliable sources and update it in a constant and automatic manner.

 

In pursuance of the provisions of this Article, the First Party shall, in no event, assume the responsibility for any unintended error.

 

Article (22)

 

The First Party may, at any time, delete, modify, discontinue, or suspend any Services provided thereby, whether wholly or partially, and permanently or temporarily.

 

The First Party will not be liable to the Second Party or any third party for the acts stipulated in the preceding paragraph.

 

Article (23)

 

The First Party may, at any time, add any Services, features, advantages, or technologies, or the like, that may help to add more sophisticated mechanisms for collecting, reading, and interpreting the results, whether wholly or partially, and permanently or temporarily.

 

The Second Party may not obtain any of the Services, features, advantages, or technologies set forth in the previous paragraph without additional fees, unless the First Party expressly provides them free of charge or includes them in the old services that have previously been paid for by the Second Party.

 

Article (24)

 

The payment for the Services will be made in accordance with the provisions of each Service. The Second Party must fully pay for the Service in advance.

 

The First Party may offer Services to be paid periodically in the form of subscription for a specific period, if this is allowed by the nature of the Service provided. In such case, the subscription will be paid in full for the prescribed period, in advance.

 

After payment for any kind of Service and approval of the request, the request may not be cancelled, and the amount may not be recovered for any reason and under any circumstance.

 

However, the Second Party shall have the right to recover the service fee that it had previously paid to the First Party only if the Service is not provided thereto for a reason entirely attributable to the First Party.

 

Article (25)

 

In the event that it is not possible to process the uploaded DNA Samples or the Digital or Abstract Genetic Information, or in the event of failure to send the samples of the Second Party to the laboratory for a reason not attributable to the Second Party, the First Party will not charge any fees or charges.

 

In the event of failure to process the uploaded Samples or the Abstract Digital or Genetic Information or to send the samples of the Second Party to the laboratory for a reason attributable to the Second Party, such as failure to abide by instructions when uploading the samples; the contamination of samples; upload of a defective Digital Genetic Information File or its uploading in an electronic format that is unacceptable to the First Party; or provision of incorrect or inaccurate Abstract Genetic Information, which necessitates the re-obtention and re-uploading of the samples, the Second Party shall then bear only the expenses for taking or sending the samples or for re-uploading the files.

 

Article (26)

 

If the Second Party believes that its results are inaccurate, it may contact the Client Service Center for help. It shall also have the right to re-carry out the examination to verify the accuracy of the preliminary results.

 

In the case that the Second Party requests an examination to be carried out again, it shall pay for the same. If the new results match with the previous ones, the Second Party shall solely bear the costs and it shall not have the right to recover the same from the First Party. However, if the new results are different from the previous ones, the First Party shall return the paid cost to the Second Party within thirty days from the date on which the new results are revealed.

 

In all cases, the First Party will not be entitled to any compensation other than those stipulated in the previous paragraph, as approval of the Terms and Conditions contained herein constitutes a waiver of any other compensation.

 

Section VI
Intellectual Property and the Content
Provided by both Parties to the Contract

Article (27)

 

The First Party’s trademark, service marks, and logos included with the Services are owned thereby and licensed thereto. Moreover, each Service, including the Website Content, and the Website features and functions, for example, but not limited to, all information, software, codes, algorithms, databases, text, displays, images, video and audio recordings, 'designs, selections and order, are the exclusive property of the First Party and are protected by the copyright and the intellectual property rights.

 

Article (28)

 

Any form of the Content provided by the First Party, whether in conjunction with or separately from the Services provided by the First Party, will be exclusively owned thereby and licensed thereto. The First Party retains all intellectual property rights and copyrights related thereto.

 

Neither the Second Party nor any third party may use this Content for any non-personal purpose, outside the scope of the Service it obtains from the First Party, or for any purpose other than the intended one.

 

This Content may be used for other purposes expressly authorized by the First Party, whether in this Agreement or in the Privacy Statement, or with an express written consent.

 

In the event that the Second Party or a third party desires to use the said Content outside the scope of the Website or the Website Platforms, it must refer that it is quoted from the First Party. No reference attached by the First Party to the Content to indicate its ownership may be removed.

 

In all cases, this Content may not be used for business purposes; except in the interest of the First Party; in judicial and legal acts; criminal examinations; forensic examinations; criminal investigations; law enforcement; any other similar act; for medical, health, diagnostic, other related business of a similar nature; for any other purpose that is unlawful or inconsistent with the intended uses or the uses referred to herein; or in any act inconsistent with the Terms and Conditions contained herein.

 

Article (29)

 

The Second Party may upload or publish its Content or share it with Other Users or any third party through the Website or the Website Platforms, irrespective of the type or form of such Content, subject to the provisions of Clause “Sixth” of the Privacy Statement and without conflict with the Terms and Conditions hereof.

 

Article (30)

 

The Second Party acknowledges and undertakes that it owns all rights necessary to upload, publish, or share the Content provided thereby; that the Content does not conflict with the Terms and Conditions stipulated herein; and that it will provide the First Party, if so requested, with any documents proving its compliance with the Terms of Service.

 

The Second Party shall be fully responsible for the Content it provides or shares with the Other Users or any third party through the Website or the Website Platforms, without any responsibility on the First Party.

 

Article (31)

 

The First Party reserves the right to surveille provided by the Second Party, and it may remove or disable access to the same at its discretion and without any obligation.

 

Article (32)

 

The Second Party shall notify the First Party via INFO@DNAANDUS.COM of any Content provided thereby or by the Other Users if it believes, for serious reasons, that it is illegal or unlawful, infringes its rights or the rights of any third party, or violates the Terms and Conditions contained herein.

 

Article (33)

 

The Second Party owns all information, data, and Content it provides to obtain and use the Services provided by the First Party. However, the Second Party grants the First Party the right to collect, process, analyze, store, and report its personal information, including its genetic information and self-reported information, for the purposes described in the Terms and Conditions contained herein and in its Privacy Statement, for the following purposes:

 

1-    'For the First Party to provide Services to the Second Party and to the Other Users.

 

2-    Help the Other Users learn more about their ancestors.

 

3-    Any other purpose accepted by the Second Party. The receipt and use of any Service provided by the First Party to the Second Party constitutes an express consent of all the Terms and Conditions thereof.

 

By providing any Content through any of the Services, the Second Party grants the First Party a global, royalty-free, and sublicensable license to host, store, copy, publish, distribute, provide access to, create derivative works from, and use such Content in any other way.

 

Article (34)

 

When the Second Party obtains or uses any of the Services provided by the First Party, whether on the First Party’s official Website or the Website Platforms, and whether real or virtual, or obtains and uses the same outside them, it shall:

 

1-    Obtain and use the Services for the intended purpose thereof, and, in all cases, use them in legitimate activities, and not obtain or use them in illegal, prohibited, or suspicious activities or in ways which conflict with the Terms and Conditions contained herein.

 

2-    Take advantage of and use the Services provided by the First Party only for the intended purpose as stipulated in the Terms and Conditions hereof; not use them for any medical, health, legal, or judicial purposes or in violation of law, customs and public order and in a way adversely affecting the dignity or feelings of any third party; not use, publish, or share any content that is unlawful, harmful, offensive, unacceptable, threatening, derogatory, containing racist, defamatory, vulgar, hateful, obscene, pornographic, sexual, fraudulent material, or otherwise infringing the privacy of any third party.

 

3-    Not obtain or use any Service or publish any information or communications while it is aware that it is untrue or misleading, including impersonating any person, claiming affiliation to any person or entity, or falsely claiming to perform any work in its favor.

 

4-    Not publish or share any content that contains personal, proprietary, or confidential information about any third party without its permission or without the consent of the legal guardian, in the case of a minor.

 

5-    Not publish or share any content that does not belong thereto or is protected by copyright or trademark, unless it has permission from the copyright or trademark owner.

 

6-    Not perform any act to stalk, harass, threaten, or attack any User of the Website or the Website Platforms or an employee of the First Party, or abuse its resources.

 

7-    Not impersonate any employee of the First Party or pretend to hold a position with the First Party.

 

8-    Not reproduce, reengineer, reformat, sell, or reverse any part of the Services or the Content provided by the First Party.

 

9-    Not publish or make available any advertisement, promotional materials, spam, junk mail, sequential mails, or any other form of solicitation.

 

10-  Not distribute, display, perform, license, publish, duplicate, modify, reproduce, copy, create derivative works from any type of products provided by the First Party; or sell, resell, exploit, or transfer any part of the Service, access the Service, or use the Service for any business purposes.

 

11-  Not perform any act, of whatever form, amount or type, that may constitute a violation of the Terms and Conditions contained in this Agreement; or cause any damage, of whatever form, amount, or type, to the First Party or any of its affiliates, employees, agents, subcontractors, or partners, and their employees, as well as employees of the Other Users or any third party.

 

12-  The Second Party acknowledges that if the Samples are sent from one country to another, this may not violate any export ban or other restrictions in the country of residence or the country of sending; otherwise, it will assume the full responsibility.

 

If the Second Party violates the provision of this Article, it will assume the full responsibility for any damage ensuing, and neither it nor any Other User or third party shall have the right to have recourse against the First Party or call it to account. The First Party reserves the right to obtain compensation from the Second Party or any third party violating these provisions.

 

Section VII
Termination and Use of the Services

Article (35)

 

The provision and use of the Services may be terminated by either Party to this Agreement, as stipulated in the following articles.

 

Article (36)

 

The Second Party may stop obtaining or using the Services or the related Services at any time without notifying the First Party. However, Second Party will remain compliant with the provisions hereof, as long as its User Account is active and can be used.

 

Article (37)

 

In the event that the Second Party desires to terminate the Service permanently, it must do this from the settings, where it can choose “Permanent Termination of the Account,” or by communicating with the First Party via INFO@DNAANDUS.COM. Once the order is confirmed, the Account will be permanently deleted within a reasonable period of time from such confirmation.

 

The Second Party acknowledges its full knowledge that, if the Account is permanently deleted, this will result in the permanent destruction of Digital and Abstract Genetic Information, so that it will not be able to obtain the related Services again except with a new request, a new User Account, and new fees.

 

In the event of the permanent termination of the Account, the Second Party, the Account owner, will remain responsible for any illegal act or infringement of the Terms and Conditions hereof, that may be caused while using its User Account. The Second Party will also remain responsible for any damage caused thereby, in the future, to the First Party, the Other Users, or any third party dealing with the First Party, in accordance with the provisions of the civil liability.

 

Article (38)

 

The First Party may restrict, suspend, or terminate the Second Party’s access and use of its User Account and the related Services, whether temporarily or permanently. The First Party shall also have the right to permanently delete the Account in accordance with the provisions of Article (37) hereof, which entails the permanent destruction of the DNA Samples or the Digital or Abstract Genetic Information of the Account, where the Second Party will not be able to obtain the related Services again except with a new request and a new User Account, unless this is prohibited.

 

Article (39)

 

The First Party shall continue to provide the Services and their use to the Second Party and the Other Users. However, the First Party does not guarantee that no external circumstances beyond its control may prevent it from providing the Services, including, but not limited to, exposure to an external hacking or disaster causing the disruption, destruction, or loss of the data of the Website or the Website Platforms, which leads to the permanent interruption or any other consequences.

 

In such case, the Second Party shall not be entitled to recover any amounts or fees it had paid up to the First Party, as long as the latter has fulfilled its obligation and allowed the former to obtain and use the Services during the working period. However, the First Party shall take utmost care to ensure the continuation, growth, and development of its business, and to prevent any infringement or disaster that may lead to the disruption or destruction of the Website or the Website Platforms.

 

The Second Party also agrees that the First Party shall maintain backups of the information, data, Content, and other electronic data, irrespective of the providing entity, including backups of the Digital and Abstract Genetic Information, in order to prevent their loss in the event of any infringement or disaster leading to the disruption or destruction of the Website or the Website Platforms.

 

Section VIII
Privacy

 

Article (40)

 

The First Party shall preserve the privacy of the Second Party as stipulated in the Privacy Statement. By obtaining and using the Services provided by the First Party in pursuance of the provisions hereof, the Second Party agrees on the Privacy Statement and to be subject to the provisions thereof.

 

The First Party shall not be responsible for any hacking of its computer systems by any third party. However, the First Party shall exert every effort to prevent this.

 

In doing so, all the provisions contained in the Privacy Statement are considered an integral part of the Terms and Conditions contained herein. The Services provided by the First Party may not be obtained or used, unless the provisions of the Privacy Statement are approved and accepted. The Second Party who agrees on the Terms and Conditions of this Agreement is assumed to have viewed the Privacy Statement and agreed on the content thereof. Moreover, whoever obtains or uses the Services provided by the First Party in any way, whether through the Website or the Website Platforms, or uses them outside elsewhere, real or virtual, shall be deemed to have agreed on the Terms and Conditions and the Privacy Statement. In the event that any third party logs into its User Account that was created for it by another person on its behalf, once it uses the Account, it agrees to the content of the Statement. In the event that any person logs into its User Account that is created by another person acting on his/her behalf, it shall, upon using the Account, be deemed to agree to what is stated in this Statement.

 

Section IX
Legal Responsibility

 

Article (41)

 

The Second Party shall be responsible for all works, activities, and uses that are carried out on the User Account it holds or manages.

 

The Second Party shall also be responsible for any consequences arising from the sharing of access to its own Genetic Information and self-reported information with the Other Users or any third party.

 

Article (42)

 

Subject to the limits stipulated by law, the Second Party expressly acknowledges and agrees that the First Party shall not be responsible for any material, moral, direct, indirect, incidental, consequential, special, or exemplary damages arising from:

 

1-    Using or inability to use the Services, whether such use is legal or illegal.

 

2-    Any act or action taken by the Second Party based on the Services or use of the Services obtained from the First Party.

 

3-    Failure of the Second Party to maintain the confidentiality and security of the password or other details of its User Account.

 

4-    Licensing the obtaining and use of the Services improperly by a person claiming such authority.

 

5-    Accessing or changing the activities and data uploaded to the User Account of the Second Party, via any hacking or unauthorized act.

 

6-    Conducting any third party towards the Services or the use thereof, including the use of the Services by Prohibited Persons, if the First Party has not been able to detect it.

 

The First Party shall assume no responsibility for the foregoing. Whoever violates the Terms and Conditions contained herein shall solely be responsible, and the First Party, the Second Party, the Other Users, and any affected party shall have the right to claim compensation therefrom.

 

Article (43)

 

The Second Party agrees and acknowledges its acceptance to indemnify and protect the First Party and its subsidiaries, employees, licensees, principals, agents, contractors, and suppliers, from any claims, liabilities, damage, provisions, losses, costs, expenses, or fees, including attorney fees, that may arise from the Second Party's violation of the Terms of Service or the use of the Services, including, but not limited to, any use of the Services, the Content, and the Service Products in a way that is expressly unauthorized under this Agreement, or the use of any information obtained from the Website.

 

Article (44)

 

In the event that the First Party provides an opportunity for purchasing Services from any third-party entity, the Second Party's access to and use of these Services will be subject to the terms and conditions of such providing entity, in a manner that does not conflict with the Terms and Conditions of this Agreement.

 

The First Party shall, in no event, bear responsibility for any of the Services referred to in the previous paragraph.

 

Article (45)

 

In the event that the First Party provides links to websites, platforms, or pages of any unrelated third party, the Second Party acknowledges that it is fully aware that the First Party does not have control over such websites, platforms, and pages. In such case, neither the Second Party nor any third party shall have the right to hold the First Party accountable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such websites, platforms or pages.

 

Section X
Amendment of the Terms and Conditions of the Agreement

 

Article (46)

 

The First Party reserves the right to add, delete, amend, supplement, or change any provisions of the Terms of Service, including any articles, clauses, or other parts included thereby or related thereto. Such provisions shall come into force as of the date of their publication on the Website or the Website Platforms, whether they are published on the Terms and Conditions Page or attached to the related Service.

 

The Second Party's continuation of obtaining or using the Services shall constitute its approval to such addition, deletion, modification, supplementation or change, and its acceptance of being subject to their provisions.

 

Section XI
Waiver or Transfer of Rights to Third Parties

 

Article (47)

 

The First Party may waive or transfer its rights and obligations under this Agreement to any third party. However, the Second Party may not waive or transfer any of its rights and obligations to any third party without the express written consent of the First Party.

 

Section XII
Applicable Law and Legal Jurisdiction
over Disputes between the Parties to the Agreement

 

Article (48)

 

In the event of any dispute arising between the First Party and the Second Party or any related parties, irrespective of the type of dispute, this dispute must be resolved amicably whenever possible. In the event of failure to resolve the dispute amicably, the dispute will be resolved by arbitration through one arbitrator to be appointed in accordance with the procedures of the International Court for Alternate Dispute Resolution (ICADR), provided that the arbitrator will be authorized to make conciliation. The arbitration venue will be in the Kingdom of Bahrain. By accepting the Terms and Conditions contained in this Agreement, the Second Party agrees to waive the right for any dispute, of whatsoever nature, arising between the Second Party and the First Party to be heard by any other judicial body.

 

Article (49)

 

Subject to the provisions of the previous Article and without conflict therewith, the Second Party agrees to consider the Kingdom of Bahrain as the legal domicile of the First Party. This Agreement will be subject to the applicable laws of the Kingdom of Bahrain, even if they conflict with the laws in force in the country where the Second Party resides or obtains and uses the Services. In any cases other than those referred to in the previous Article, the legal jurisdiction shall be held by the judicial authorities in the Kingdom of Bahrain.

 

In all cases and without conflict with the provisions of the previous Article, the First Party shall have the right to resort to the judicial and administrative authorities in the Kingdom of Bahrain or any other countries in accordance with the provisions of judicial delegations to prevent any actual violation, threat, misappropriation, or infringement of copyrights, trademarks, private trade secrets, patents, and intellectual property rights, or any act that violates the Terms and Conditions of this Agreement.

 

Article (50)

 

In the case of conflict between the terms and expressions of the Arabic and other non-Arabic versions of this Agreement, the Privacy Statement, or any other document governing the relationship between the First Party and the Second Party or any third party, the Arabic version shall prevail. In all cases, the Arabic language shall be considered the approved language of legal transactions, and before the authorities with judicial, legal, and administrative jurisdiction.