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Public Offer

PUBLIC OFFER

for the Conclusion of an Agreement for the Provision of Services for Organizing Genetic Testing

This document constitutes an official offer (public offer) of Limited Liability Company «DNA Test Center», UNP 193700536, registered address: Office 75, 66 Karl Liebknecht St., Minsk 220036, Republic of Belarus, telephone: +375 29 320-69-79, e-mail: info@dnk-lab.by, hereinafter referred to as the «Contractor», to conclude an agreement with an individual, hereinafter referred to as the «Customer», under the terms and conditions set forth below.

1. GENERAL PROVISIONS AND DEFINITIONS

1.1.

This Public Offer (hereinafter referred to as the «Offer») is a proposal by the Contractor addressed to an unlimited number of individuals to conclude an agreement for the provision of services related to organizing genetic testing.

1.2.

Acceptance of this Offer shall be deemed the Customer’s payment for a specific order in accordance with the procedure established by this Offer and Articles 404 and 408 of the Civil Code of the Republic of Belarus.

Upon receipt of payment by the Contractor, the agreement between the Contractor and the Customer shall be deemed concluded.

1.3. Services

Services mean the organizational and informational activities of the Contractor related to arranging the performance of the genetic test selected by the Customer by a specialized Laboratory, including:

providing the Customer with information about available types of genetic testing;
providing instructions for the self-collection and packaging of biological samples;
arranging transportation of the biological samples independently collected by the Customer to the specialized Laboratory;
transferring the information required for the testing to the Laboratory;
communicating with the Laboratory regarding the execution of a specific order;
receiving the test result prepared by the Laboratory;
delivering the test result to the Customer.

The Contractor does not directly perform genetic testing and does not carry out laboratory analysis of biological samples.

The Contractor does not collect biological material from the Customer or other participants of the testing.

1.4. Laboratory

Laboratory means a specialized organization that performs genetic testing on the basis of permits, licenses, or other authorizations required under the laws of the country in which it operates.

1.5. Biological Material

Biological Material means samples independently collected by the Customer and/or other participants in the testing, presumed to contain human DNA, provided for the purpose of arranging their delivery to the Laboratory.

1.6. Standard Sample

Standard Sample means a buccal epithelial cell sample independently collected by a testing participant in accordance with the provided instructions.

For certain types of testing, another type of biological material may be considered a Standard Sample if required by the Laboratory.

1.7. Non-Standard Sample

Non-Standard Sample means any material provided by the Customer that is presumed to contain human DNA and does not qualify as a Standard Sample for the relevant type of testing.

The possibility of testing a Non-Standard Sample shall be determined by the Laboratory.

1.8. Test Result

Test Result means a document prepared by the Laboratory containing the results of the genetic testing performed by it.

The Contractor does not modify the contents of the Test Result received from the Laboratory.

1.9. Website

The Contractor’s Website means the information resource available at https://dnk-lab.by/, containing information about the Contractor, its services, the ordering procedure, personal data processing policies, and other relevant information.

2. SUBJECT OF THE AGREEMENT

2.1.

The Contractor undertakes, upon the Customer’s request, to provide services for organizing the genetic test selected by the Customer to be performed by the Laboratory, and the Customer undertakes to pay for the Contractor’s services.

2.2.

In fulfilling the order, the Contractor shall:

provide the Customer with organizational information regarding the selected genetic test;
provide instructions for self-collection of biological samples;
arrange transportation of the samples provided by the Customer to the Laboratory;
transfer to the Laboratory the information and materials required for the testing;
receive the Test Result from the Laboratory;
deliver the Test Result to the Customer.

2.3.

The Contractor does not perform:

genetic testing directly;
laboratory processing of biological samples;
collection of biological material from testing participants;
medical diagnosis;
prescription of treatment;
medical interpretation of the Test Result.

2.4.

The specific type of genetic testing shall be selected by the Customer before payment.

The name of the test, its cost, and the estimated turnaround time shall be communicated to the Customer before payment and recorded in the electronic order, correspondence with the Customer, invoice/payment link, or by any other means allowing identification of the specific order.

2.5.

The list of available genetic tests and their prices shall be determined by the Contractor’s current price list and/or an individual offer provided to the Customer before payment.

2.6.

The services provided by the Contractor are not medical services.

3. ORDER PLACEMENT PROCEDURE

3.1.

To place an order, the Customer may contact the Contractor:

through the Website;
by telephone;
via a messenger application;
by e-mail;
or by any other available means.

3.2.

Before payment, the Contractor shall inform the Customer of:

the type of genetic test;
the price;
the estimated turnaround time;
the procedure for self-collection of biological samples;
information about the Laboratory that will perform the testing;
any other essential information relating to the specific order.

3.3.

After the terms have been agreed upon, the Customer shall be given the opportunity to make payment.

Payment for a specific order constitutes acceptance of this Offer and confirms the conclusion of the agreement under the terms of this Offer and the individually agreed order conditions.

3.4.

Payment for the order does not in itself constitute consent to the processing of special categories of personal data or genetic personal data.

Where the legislation of the Republic of Belarus requires consent of the data subject for the processing of personal data, such consent shall be obtained separately by the Contractor in the prescribed form:
https://dnk-lab.by/soglasie-na-obrabotku-personalnyh-dannyh/

4. COLLECTION OF BIOLOGICAL SAMPLES

4.1.

The Contractor shall provide instructions on the collection, packaging, and submission of biological samples.

4.2.

The Customer shall be responsible for complying with the provided instructions when independently collecting, packaging, and submitting biological samples.

4.3.

The Contractor cannot guarantee that a biological sample independently provided by the Customer will be suitable for DNA extraction.

4.4.

If the Laboratory determines that a sample is insufficient, contaminated, degraded, or otherwise unsuitable for obtaining the required result, the Customer may be requested to provide a new sample.

5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

5.1. The Contractor shall:

provide the Customer with the necessary organizational information regarding the genetic test;
provide instructions for the self-collection and packaging of biological samples;
arrange for the delivery of the submitted samples to the Laboratory;
transfer to the Laboratory the information required to perform the specific genetic test;
communicate with the Laboratory regarding the execution of the Customer’s order;
upon receipt of the Test Result from the Laboratory, deliver it to the Customer by the agreed method;
maintain the confidentiality of information within the scope of its activities;
process personal data in accordance with the legislation of the Republic of Belarus;
inform the Customer of the need to provide repeat or additional samples if such a request is made by the Laboratory.

5.2. The Contractor shall have the right to:

engage organizations providing transportation, courier delivery, and other auxiliary services;
request information necessary for the execution of the order;
suspend the execution of the order until the required information or suitable biological samples are provided;
refuse to organize a genetic test if its performance is impossible or contrary to applicable law;
engage third parties (including laboratories and other organizations) to perform its obligations under this Offer;
unilaterally extend the timeframe for providing the Services if the biological samples submitted by the Customer are of inadequate quality;
suspend the provision of the Services in the event of non-payment or outstanding debt.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1. The Customer shall:

provide accurate information necessary for the execution of the order;
submit biological samples in accordance with the provided instructions;
properly package the biological samples;
provide the Contractor with the biological samples for the purpose of arranging their transportation to the Laboratory;
not submit biological samples obtained by unlawful means;
pay for the order;
provide the necessary personal data and ensure the existence of legal grounds for the use of biological samples of other individuals where such responsibility rests with the Customer.

6.2.

The Customer shall be responsible for the accuracy of the information provided and for the origin of the biological samples independently submitted by the Customer to the extent provided by the legislation of the Republic of Belarus.

6.3. The Customer shall have the right to:

receive information regarding the status of the order;
receive the Test Result;
withdraw from the Agreement in accordance with the procedure established by the legislation of the Republic of Belarus;
exercise any other rights provided for by the legislation of the Republic of Belarus.

7. TIMEFRAMES

7.1.

The estimated turnaround time for a specific genetic test shall be communicated to the Customer prior to payment.

7.2.

The timeframe shall commence upon fulfillment of all required conditions, including:

receipt of payment;
receipt of suitable biological samples;
receipt of all required information;
receipt of the biological samples by the Laboratory, where the turnaround time for the specific genetic test is calculated by the Laboratory from that moment.

7.3.

If the Laboratory determines that a repeat or additional biological sample is required, the calculation of the turnaround time shall be suspended until the required material is received.

7.4.

The Contractor shall notify the Customer of any material delay in obtaining the Test Result if the Contractor receives such information from the Laboratory.

8. PRICE AND PAYMENT TERMS

8.1.

The Services shall be provided on the basis of full advance payment unless otherwise agreed for a specific order.

The prices published on the Contractor’s Website are for informational purposes only where a particular type of genetic test requires an individual quotation. The final price for the specific order shall be communicated to the Customer before payment.

8.2.

The final price of the specific order shall be communicated to the Customer prior to payment.

8.3.

The agreed price shall be confirmed by one of the following:

the electronic order;
the payment link or payment document;
a message from the Contractor via the agreed messenger application;
electronic correspondence;
any other method allowing the agreed price to be verified.

8.4.

Payment may be made by:

through the ERIP payment system;
bank payment card;
QR code payment;
bank transfer to the Contractor’s settlement account;
any other method permitted by applicable law.

8.5.

The Customer’s payment obligation shall be deemed fulfilled upon receipt of the funds by the Contractor.

9. WITHDRAWAL FROM THE AGREEMENT AND REFUNDS

9.1.

The Customer shall have the right to withdraw from the Agreement in the cases and in accordance with the procedure established by the legislation of the Republic of Belarus.

9.2.

If the Customer withdraws from the Agreement before the Contractor has taken any actions related to the execution of the specific order, the amount paid shall be refunded to the Customer in accordance with applicable law.

9.3.

If, by the time the Contractor receives the Customer’s notice of withdrawal, actions relating to the execution of the order have already been performed and expenses have been incurred, including expenses associated with transportation arrangements, Laboratory services, and other necessary actions, the amount to be refunded shall be determined taking into account the actual expenses incurred, to the extent permitted by the legislation of the Republic of Belarus.

9.4.

Nothing in this Section shall limit the rights of the consumer provided by the legislation of the Republic of Belarus.

9.5.

The Contractor shall have the right to refuse to provide the Services if the Customer fails to comply with the instructions for collecting and submitting biological samples.

10. SPECIFIC FEATURES OF GENETIC TESTING

10.1.

The Contractor informs the Customer that the possibility of obtaining a Test Result depends, among other factors, on the suitability of the submitted biological material.

10.2.

A biological sample independently provided by the Customer may:

contain an insufficient amount of human DNA;
contain degraded DNA;
be contaminated;
contain biological material from more than one individual;
be unsuitable for generating a DNA profile.

10.3.

When a Non-Standard Sample is tested, the probability of being unable to obtain a suitable DNA profile may be higher than when testing a Standard Sample.

10.4.

The inability to extract suitable DNA from a biological sample independently submitted by the Customer shall not in itself constitute improper performance by the Contractor of its obligations to organize the genetic testing.

This provision shall not limit the Customer’s rights under the legislation of the Republic of Belarus.

10.5.

During laboratory testing, the biological material may be partially or completely consumed or destroyed.

The possibility of returning the biological material after completion of the testing shall be determined on a case-by-case basis and cannot be guaranteed.

11. TEST RESULT

11.1.

The Test Result shall be prepared directly by the Laboratory.

11.2.

Upon receipt of the Test Result, the Contractor shall deliver it to the Customer by one of the agreed methods, subject to prior arrangement:

by e-mail;
via a messenger application;
through a personal account;
in person;
by postal mail;
by any other mutually agreed method.

11.3.

The Contractor shall not modify the contents of the Test Result prepared by the Laboratory.

11.4.

The Contractor may provide the Customer with organizational explanations regarding the structure of the Test Result and the procedure for obtaining it; however, the Contractor does not provide medical interpretation of the Test Result, does not establish a diagnosis, and does not provide medical advice or recommendations.

12. PERSONAL DATA

12.1.

When placing and fulfilling an order, the Contractor processes the personal data of the Customer and, where applicable, of other participants in the genetic testing.

12.2.

Personal data shall be processed in accordance with the Law of the Republic of Belarus dated 7 May 2021 No. 99-Z «On Personal Data Protection» and the Personal Data Processing Policy of LLC «DNA Test Center», published on the Contractor’s Website.

12.3.

Genetic personal data constitute a special category of personal data.

12.4.

Before obtaining the relevant consent, the data subject shall be provided with the information required by law regarding the processing of personal data, including the purposes of processing, the categories of data processed, the processing period, the rights of the data subject, and the procedure for exercising such rights.

12.5.

For the direct performance of the genetic test, the necessary personal data and biological samples shall be transferred to the Laboratory specified in Clause 1.4 of this Offer.

12.6.

The Contractor shall transfer personal data to the Laboratory only to the extent necessary for organizing and conducting the ordered genetic test.

13. CONFIDENTIALITY

13.1.

The Contractor shall ensure the confidentiality of the information received from the Customer in accordance with the requirements of the legislation of the Republic of Belarus.

13.2.

Information may be disclosed to the Laboratory and to other persons involved in the execution of the order only to the extent necessary for the performance of their respective functions and only where there are lawful grounds for such disclosure.

14. LIABILITY

14.1.

The Parties shall be liable for non-performance or improper performance of their obligations in accordance with the legislation of the Republic of Belarus and this Offer.

14.2.

The Contractor shall not be liable for inaccurate or incomplete information provided by the Customer, as well as for the quality of the analysis in cases where an unsuitable or contaminated biological material has been submitted.

14.3.

The Contractor shall not be liable for the accuracy of information regarding the origin of biological material independently provided by the Customer.

14.4.

The Contractor does not guarantee obtaining a Test Result when Non-Standard Samples are used and shall not be liable for the inability to obtain a result in such cases.

14.5.

The Contractor shall not be liable for failure to meet the deadlines for providing the Services to the Customer if such delay has occurred due to actions (or omissions) of third parties performing the analysis of biological material or delivering biological material to the Laboratory.

14.6.

This Offer shall not limit the liability of the Contractor or the rights of the Customer to the extent that such liability and rights are established by the legislation of the Republic of Belarus.

15. FORCE MAJEURE

15.1.

The Parties shall be released from liability for failure to perform their obligations due to extraordinary and unavoidable circumstances under the relevant conditions and procedures established by the legislation of the Republic of Belarus.

15.2.

The Party unable to perform its obligations due to such circumstances shall notify the other Party within a reasonable period of time.

16. TERM OF THE OFFER AND AMENDMENTS

16.1.

This Offer shall remain effective from the date of its publication on the Contractor’s Website until it is withdrawn or replaced by a new version.

16.2.

For a specific order, the version of the Offer effective at the time of its acceptance by the Customer shall apply.

17. DISPUTE RESOLUTION

17.1.

The Parties shall seek to resolve any disputes and disagreements arising between them through negotiations and by submitting requests or claims.

17.2.

The claim procedure shall apply in cases and according to the procedure established by the legislation of the Republic of Belarus or by agreement between the Parties.

17.3.

If the Parties fail to reach an agreement, the dispute shall be resolved in accordance with the jurisdiction rules and procedures established by the legislation of the Republic of Belarus.

18. CONSENT TO TESTING OF A NON-STANDARD BIOLOGICAL SAMPLE

18.1. By providing Non-Standard Samples for testing, the Customer confirms that they understand and agree with the following:

The submitted sample may not contain human DNA suitable for analysis;
The sample may contain degraded or contaminated human DNA unsuitable for analysis;
The sample may contain a mixed DNA profile (profiles of several individuals), which makes testing impossible;
The presence of human DNA can only be determined after completion of the full laboratory procedure, including DNA extraction and analysis.

18.2. By providing Non-Standard Samples for testing, the Customer confirms that they have been informed that:

The Customer has been informed that the completion of the testing procedure is confirmed by the issued report, including a report containing information on the inability to obtain a suitable DNA profile and/or calculate the probability of biological relationship.
The inability to obtain a suitable DNA profile due to the properties or quality of the Non-Standard Sample provided by the Customer does not in itself indicate improper provision of services by the Contractor. This condition shall not limit the Customer’s rights provided by the legislation of the Republic of Belarus.

18.3. By providing Non-Standard Samples for testing, the Customer confirms that they have been informed that:

the submitted samples may be completely consumed during testing, including complete or partial destruction during DNA extraction;
the samples may not be returned due to technological characteristics or production requirements;
the Contractor and the Laboratory are not obliged to store submitted samples beyond the established internal storage periods;
sample storage conditions are regulated by the internal procedures of the Contractor and the Laboratory, which may be amended without prior notice to customers.

18.4. By providing Non-Standard Samples for testing, the Customer agrees that the return of remaining (unused) samples shall only be possible if all four of the following conditions are met simultaneously:

no more than 30 calendar days have passed since the samples were received by the Laboratory;
the Contractor has received a written request for the return of the samples;
the Contractor has received payment for the delivery service related to returning the samples;
the requested samples are available at the Laboratory.

18.5. By providing Non-Standard Samples for testing, the Customer agrees that:

they have received complete and understandable information about the testing, its specific features, and possible results;
they have read the information regarding the specific features of testing Non-Standard Samples;
all information provided by the Customer is accurate and complete.

19. CONTRACTOR DETAILS

Limited Liability Company «DNA Test Center»

Short name:
LLC «DNA Test Center»

UNP: 193700536

Registered address:
Office 75, 66 Karl Liebknecht St., Minsk 220036, Republic of Belarus

Telephone:
+375 29 320-69-79

E-mail:
info@dnk-lab.by

Website:
https://dnk-lab.by/

General Director:
Evgeny Yakovlevich Yevglevsky