1. Acceptance and Binding Effect
These Partner Terms of Service (“Terms”) govern the use of services provided by SecuriGene Technologies Inc. (“SecuriGene”) by funeral homes, funeral groups, crematoria, cemeteries, medical examiners, hospices, hospitals, professional associations, and other authorized intermediaries that sell, arrange, or facilitate SecuriGene services (collectively, the “Partner”).
By accessing, ordering, submitting samples or instructions, or otherwise using the Services, the Partner confirms that it has read, understands, and agrees to be legally bound by these Terms. Acceptance becomes effective upon first use of the Services and does not require a separate written signature.
The individual accessing or using the Services on behalf of the Partner represents and warrants that they have full legal authority to bind the Partner to these Terms.
2. Relationship of the Parties
SecuriGene and the Partner are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.
The Partner is not authorized to make representations, warranties, guarantees, or commitments on behalf of SecuriGene unless expressly approved in writing by SecuriGene.
Families, next of kin, estates, beneficiaries, test subjects, attorneys, insurers, or any other third parties are not parties to these Terms and shall have no contractual rights, claims, or causes of action against SecuriGene arising from or relating to the Services. The Partner acts as the sole contracting party and intermediary responsible for communications with families or other end users.
No person other than the Partner shall be considered an intended third-party beneficiary of this Agreement.
3. Scope of Services
SecuriGene provides laboratory services that may include DNA extraction, processing, preservation, ancestry testing, health testing, kinship analysis, or other laboratory services offered from time to time (collectively, the “Services”).
All Services are performed strictly in accordance with instructions submitted by the Partner and are subject to laboratory feasibility, regulatory requirements, and sample quality.
Unless expressly designated by SecuriGene in writing, the Services are informational and memorial in nature and are not intended for evidentiary or forensic use.
For the purposes of these Terms, “forensic use” means any use intended to establish or support identity, biological relationship, or other factual assertions in legal, administrative, governmental, or judicial proceedings, including but not limited to criminal investigations, civil litigation, probate or inheritance disputes, immigration matters, or any situation requiring documented chain of custody or evidentiary integrity. SecuriGene does not establish, maintain, or certify chain of custody for biological samples or DNA Capsules and does not guarantee that any material or report will be admissible in court or acceptable to any governmental authority.
4. Incorporation of Product Terms and Consumer Terms
Certain SecuriGene services, including DNA banking, DNA Capsule preparation, and related testing services, are governed by product‑specific terms and SecuriGene consumer terms published on SecuriGene’s website (collectively, the “Product Terms”).
The Partner acknowledges and agrees that such Product Terms apply to the individual authorizing the service (“Customer”) even where the order is placed through the Partner.
The Partner agrees to use SecuriGene’s current consent forms and documentation when arranging Services and to ensure that Customers are provided with or agree to the applicable Product Terms.
The Partner further acknowledges that SecuriGene performs services in reliance upon the representations, limitations, and disclaimers contained in the Product Terms, including but not limited to provisions relating to consent and authority, biological limitations, shipping risk allocation, non‑forensic use, and completion of services.
5. DNA Processing Model, Non‑Retention, and Risk Transfer
SecuriGene performs DNA extraction and processing solely for the purpose of producing ordered deliverables, which may include laboratory reports and/or a DNA Capsule containing preserved genetic material.
Except where temporary retention is required for quality control or regulatory compliance, SecuriGene does not retain biological samples, extracted DNA, or genetic material after completion of processing. Remaining material may be destroyed in accordance with laboratory procedures.
Title to and responsibility for custody, safekeeping, preservation conditions, and any future use of a DNA Capsule transfer at the moment the shipment is tendered by SecuriGene to a third-party carrier for delivery.
The Partner acknowledges that SecuriGene’s Product Terms applicable to DNA Capsule services contain shipping and risk allocation provisions applicable to Customers. These provisions are intended to operate consistently with this Agreement, and both documents shall be interpreted so that risk of loss transfers when a shipment is tendered by SecuriGene to the carrier.
For the purposes of this Agreement, SecuriGene’s services shall be deemed fully performed once the shipment containing the applicable deliverables has been tendered to the carrier, regardless of any subsequent loss, delay, damage, misdelivery, or non-delivery during transit. SecuriGene shall have no responsibility for courier performance, delivery timing, recipient availability, incorrect addresses supplied by the Partner or Customer, delivery refusals, or failure of a recipient to retrieve or accept a shipment.
6. Partner Authority, Sample Collection, and Representations
For each order submitted, the Partner represents and warrants that it has obtained all required consents, authorizations, and permissions from the appropriate individual(s), estate representatives, or legal guardians.
The Partner further represents that it has accurately conveyed the nature, limitations, and non-guaranteed aspects of the Services to the authorizing party and has not made any representations, warranties, or guarantees regarding the Services other than those expressly stated in SecuriGene documentation or Product Terms.
SecuriGene does not independently verify consent, authority, identity, or instructions and performs Services in reliance on the Partner’s representations.
SecuriGene does not verify the identity of any decedent or donor and relies on the Partner for the proper identification, labeling, collection, storage, and submission of biological samples.
The Partner is solely responsible for the collection and handling of biological samples prior to receipt at the laboratory. SecuriGene shall have no liability for incorrect identification of remains, mislabeling, contamination, improper collection procedures, sample substitution, or submission of material originating from an unintended individual.
The Partner further represents that the Customer has accepted or been provided with the applicable SecuriGene Product Terms governing the Services, including the DNA Capsule Terms published on SecuriGene’s website.
7. Indemnification
The Partner agrees to indemnify, defend, and hold harmless SecuriGene, its affiliates, directors, officers, employees, contractors, and agents from any claims, damages, liabilities, losses, costs, or expenses (including legal fees) arising from or relating to:
- lack of valid consent or authority;
- disputes among family members, heirs, beneficiaries, or estate representatives;
- incorrect identification of a decedent or donor;
- mislabeling or improper collection of biological samples;
- failure to collect appropriate biological samples prior to cremation or other disposition of remains;
- any claim that a tested sample did not originate from the intended individual
- communications by the Partner with families or third parties;
- misuse, loss, damage, or degradation of a DNA Capsule after release to a courier; and
- breach of these Terms or applicable law.
This indemnity survives termination of these Terms.
8. Orders, Instructions, and Finality
Orders submitted by courier, telephone, email, portal, or other authorized channels constitute binding instructions.
Once testing or laboratory processing has begun, orders may not be cancelled or modified except at SecuriGene’s sole discretion.
SecuriGene is entitled to rely on instructions provided by the Partner and has no duty to verify the authority or identity of individuals claiming to represent families, estates, or next of kin.
Once deliverables have been completed and shipped, the Services are deemed fully performed.
9. Sample Condition and DNA Recovery
Biological samples vary widely in type, condition, age, and quality, and such variation may significantly affect the likelihood of obtaining recoverable or usable DNA. Biological material submitted for processing may be consumed, altered, or destroyed in whole or in part during laboratory analysis.
Samples submitted for testing may be degraded, contaminated, insufficient in quantity, or otherwise unsuitable for analysis. Certain biological materials, including but not limited to decomposed tissue, degraded remains, or hair without roots, may not yield recoverable DNA.
SecuriGene makes reasonable efforts to extract and analyze genetic material from submitted samples; however, no guarantee is made regarding successful DNA recovery, the generation of a complete or usable DNA profile, or the suitability of any result for a particular purpose.
SecuriGene shall not be responsible for contamination, degradation, handling conditions, or other factors affecting a sample prior to receipt at the laboratory, including collection, storage, packaging, or transportation by the Partner or any third party.
The Partner is responsible for ensuring that appropriate biological samples for DNA banking are collected prior to cremation or other disposition of remains. Failure to obtain suitable samples prior to cremation may make DNA recovery impossible.
If suitable samples were not collected, SecuriGene may, at its sole discretion and as a courtesy to the Partner, agree to attempt DNA extraction from non-standard or forensic items (such as personal objects that may contain biological material). Such attempts are not part of the standard Services and SecuriGene is under no obligation to perform them. Non-standard or forensic items vary widely in type, age, condition, and handling history, and the likelihood of recovering usable or intact DNA from such materials is significantly lower than from properly collected biological samples. SecuriGene makes no guarantee that DNA can be recovered or preserved from such items.
10. Turnaround Times
Any turnaround times communicated by SecuriGene are estimates only.
Delays may occur due to sample quality, biological factors, courier delays, regulatory requirements, laboratory workload, or other circumstances beyond SecuriGene’s control.
11. Shipping and Courier Liability
Risk of loss, damage, delay, theft, contamination, or misdelivery associated with any shipment to or from SecuriGene transfers to the Partner when the shipment is released to a third-party carrier.
SecuriGene is not responsible for courier errors, lost packages, customs issues, incorrect addresses supplied by the Partner or Customer, delivery refusal, or failure of a recipient to retrieve a shipment.
SecuriGene has no obligation to monitor courier tracking, coordinate delivery timing, contact recipients prior to shipment, reroute shipments already in transit, or replace materials lost after transfer to the carrier.
SecuriGene shall have no obligation to reproduce, replace, or compensate for any DNA Capsule, biological sample, report, or other deliverable once the shipment has been released to a third-party carrier.
The Partner is responsible for contacting the carrier directly regarding delivery issues, claims, or address corrections.
12. Fees and Payment
Fees are as agreed between the parties or as published by SecuriGene from time to time.
SecuriGene may issue invoices to the Partner for Services performed. Unless otherwise agreed in writing, invoices are payable within thirty (30) days of the invoice date.
The Partner’s payment obligations are independent of any dispute, complaint, or claim raised by a Customer or other third party relating to the Services. The Partner’s payment obligations are not contingent on the Partner’s collection of payment from any Customer or third party.
Once laboratory processing has begun, fees are non-refundable regardless of outcome, including situations where DNA extraction or testing is unsuccessful due to sample condition. Notwithstanding the foregoing, SecuriGene may, in its sole discretion, issue a refund, credit, or other accommodation in specific circumstances. Any such accommodation does not create an obligation to provide similar accommodations in the future.
SecuriGene may suspend Services if invoices remain unpaid beyond the applicable payment period..
13. Intellectual Property
All intellectual property, laboratory methods, reports, systems, and materials remain the exclusive property of SecuriGene.
The Partner may use reports solely for their intended purpose and may not modify, reverse engineer, reproduce, resell, or repurpose any materials without SecuriGene’s prior written consent.
The Partner may provide logos, trademarks, or branding materials for inclusion on forms, reports, or other materials generated by SecuriGene. The Partner represents and warrants that it has the right to provide and authorize such use. The Partner grants SecuriGene a non-exclusive, royalty-free license to reproduce and display such materials solely for the purpose of providing the Services. All document formats, templates, layouts, and underlying materials created by SecuriGene remain the intellectual property of SecuriGene.
14. Confidentiality and Data
Each party shall maintain the confidentiality of non-public information received in connection with the Services and shall use such information solely for purposes related to the Services.
SecuriGene communicates primarily with the Partner regarding orders, results, and services performed.
SecuriGene shall not respond directly to requests for records, documents, or information relating to the Services from families, estates, attorneys, beneficiaries, or other third parties unless authorized in writing by the Partner or required by applicable law.
The Partner is responsible for administrative communications with the authorizing party regarding the order and delivery of Services.
Notwithstanding the foregoing, SecuriGene may provide limited assistance directly to individuals for the purpose of accessing or using SecuriGene’s databases, portals, or related systems, or to provide general information regarding the format or contents of reports.
SecuriGene does not provide legal advice, genealogical consulting, expert testimony, or interpretation services in connection with the Services unless expressly agreed in writing.
15. Limitation of Liability
To the fullest extent permitted by law, SecuriGene shall not be liable for indirect, incidental, consequential, special, or punitive damages.
SecuriGene shall not be liable for emotional distress, reputational harm, inheritance disputes, or family conflicts arising from genetic results.
Without limiting the foregoing, SecuriGene shall have no liability for claims arising from incorrect identification of a decedent, biological samples originating from an unintended individual, disputes regarding biological relationships, or inheritance or estate disputes resulting from genetic findings.
Nothing in this Agreement limits liability for fraud, willful misconduct, or gross negligence to the extent such limitation is prohibited by law.
SecuriGene’s total aggregate liability shall not exceed the fees paid by the Partner for the specific Service giving rise to the claim.
16. No Chain of Custody or Evidentiary Use
Services are not performed under forensic chain‑of‑custody conditions.
SecuriGene does not verify the identity of remains prior to receipt and does not certify evidentiary integrity of samples submitted by the Partner.
Reports and materials generated by SecuriGene are informational and memorial in nature and are not intended for legal proceedings, court use, or evidentiary purposes.
17. Limitation Period
Any claim arising out of or relating to the Services must be brought within twelve (12) months after the claim arises or should reasonably have been discovered, whichever occurs first. Claims brought after this period shall be permanently barred.
18. Suspension and Termination
SecuriGene may, at its discretion and without prior notice, suspend or terminate the Partner’s access to the Services or refuse to process orders if SecuriGene reasonably believes the Partner’s activities create legal, regulatory, reputational, or operational risk, or if the Partner breaches this Agreement or applicable law.
Termination or suspension does not affect accrued payment obligations or indemnification provisions.
19. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Courts located in British Columbia shall have exclusive jurisdiction.
20. Entire Agreement
These Terms constitute the entire agreement governing the Services and supersede all prior agreements or understandings unless expressly replaced by a written agreement signed by SecuriGene.
21. Priority of Terms
SecuriGene services may be governed by multiple sets of terms, including these Partner Terms and the Product Terms applicable to the specific service ordered.
The Product Terms govern the relationship between SecuriGene and the Customer authorizing the service. These Partner Terms govern the relationship between SecuriGene and the Partner.
In the event of any conflict between the Product Terms and these Partner Terms, each shall control with respect to its intended parties and subject matter.
22. Consistency With Product Terms
The Partner shall not make representations, warranties, or statements to Customers that contradict or modify the Product Terms or SecuriGene documentation.
The Partner shall not represent SecuriGene services as forensic, evidentiary, or legally admissible DNA testing unless expressly authorized in writing by SecuriGene.
23. Survival
Sections relating to indemnification, limitation of liability, confidentiality, intellectual property, governing law, and risk allocation survive termination.