CONSENT FORM FOR DNA TEST SERVICE

(PATERNITY/MATERNITY/SIBLINGSHIP/SINGLE PROFILE/PRENATAL/ANCESTRY)

1. Please make sure to photocopy the application form and keep it until the DNA test results have been finalized and received.
2. The My Data account shall be based on the name written/provided by the applicant when ordering/applying for the DNA test. Other information such as e-mail address shall be registered based on theinformation given by the applicant.
3. The Company shall not respond to any questions or inquiries from anyone other than the applicant as completed/declared in the application form.
4. Minors cannot apply for the DNA test service. However, an exception is described in clause 3 in the “About the DNA Test Service” section below.
5. If the applicant is not a participant in the DNA test service, a power of attorney may be required. However, if the DNA test sample is a non-standard sample, the applicant must bear full responsibility when applying for the DNA test service.
6. All fields are required in the application form. Please fill out the form completely and carefully.

This consent form describes important matters to the applicant regarding the DNA test services (hereinafter referred to as “DNA test service”) provided by the Company. After reading the terms and conditions carefully and thoroughly, please fill in the necessary information on the application form and send it. If a printed application form is attached, please fill out the form, sign in the consent agreement section and send back to us.

【Terms and Conditions】

＜About the DNA Test Service＞

1. The purpose of the DNA test services is to provide genetic information of the participants based on the DNA extracted from the samples collected by the participants themselves (for non-legal DNA testing) or obtained by our authorized collector (for legal DNA testing) and to determine the biological relationship indicated in the DNA test type.
2. The Company shall not accept any applications wherein the applicant and/or participants use aliases/false names or are anonymous.
3. For non-legal DNA testing, the applicant’s age must be 18 years old and above. For legal DNA testing and prenatal DNA testing, the applicant’s age must be at least 20 years old and above. However, the application may be allowed if the applicant under the required age enters a legal marriage and provides a legal document.
4. To apply for this test, the consent of the applicant and participants are necessary. If the participant is under 18 years old, the consent must be given and signed/checked by the parent or legal guardian.
5. When applying for the test, the applicant is required to register to the company’s web service (my page service). The applicant must log-in with a registered account (email address and password) to receive information such as test progress and test results using My Page. Therefore, it is confirmed that the applicant has agreed to the terms and conditions of use (https://dnajp.lab　onlineshop.com/help/agreement) for Web Service upon applying for the test.
6. The applicant must strictly comply with the terms and conditions stated in clauses 2, 3, 4 and 5. If any falsification of identity and/or unauthorized application has been made, the applicant must take full responsibility.
7. For legal DNA testing, our authorized collector is required to collect the DNA samples directly from the participants. A valid issued identification card with the participant’s photo (e.g. passport, driver’s license, My Number card) must be submitted for verification of identities. For infants and other participants who do not have official IDs, kindly submit valid supporting documents as instructed by our person-in-charge. Since our authorized collector, who is a third party, must verify the identity of all the participants before collecting the DNA samples, the DNA test results and analysis report can be used as evidence in legal proceedings. However, this does not guarantee the outcome of the trial. In addition, if the applicant plans to use the final legal report as evidence for criminal trials (including planned and prospective cases), please ensure to inform the Company before applying for the DNA test service. Otherwise, the Company will not accept inquiries from concerned parties or requests for witness appearance.
8. For non-legal DNA testing, our authorized collector does not perform the verification process as described in clause 7 for legal DNA testing. Thus, the name of the participants will not appear in the non-legal test results (see Ministry of Economy, Trade and Industry’s (METI) guidelines for personal genetic information protection), and the non-legal test results cannot be used as evidence in a civil/administrative/criminal trial. The Company may provide a certificate of attestation for non-legal testing only if the identities of the participants were verified and the samples were collected by our authorized collector. Lastly, the non-legal test results cannot be converted/recreated as a legal test report. In this case, the applicant and participants must avail the legal DNA testing.
9. For legal DNA testing, the applicant is responsible in checking the validity of the DNA analysis report as admissible evidence in the public institution, law office, judicial system, embassy, or immigration office of the city/country where the applicant resides or where the DNA test results will be submitted/used.
10. The expiration date of the test service is one (1) year from the shipping date of the collection kit. Once the expiration date has passed, the test service cannot be performed by the Company for any reason. Moreover, no refunds shall be made, and the applicant is required to submit a new application.
11. If the application form and DNA sample envelopes submitted by the applicant contain incomplete information, the Company shall reserve the right to correct, add, or erase any information deemed necessary for a more efficient DNA test analysis. The final DNA test analysis report shall be based on the information provided by the applicant. The Company shall not accept any modifications or changes once the analysis report has been released and will not assume any responsibility for any incorrect information. Thus, please complete the application form and swab envelopes carefully.
12. For non-legal DNA testing, the Company shall not be responsible for the condition of the samples submitted by the applicant before their arrival in the laboratory. In the case of improper DNA sample collection, it is anticipated that there will be instances where the results cannot be obtained.
13. The period within which the DNA test analysis is completed and the date on which the analysis report is released may be shortened or extended depending on the condition of the sample.
14. There is a limitation to the accuracy of all tests – including this test. Therefore, even if the test is properly performed according to the protocol, there is still a possibility that the test result can be affected by unexpected reasons like DNA mutation, defect, replacement, etc. and also by different analysis methods. In addition, due to the developments of analysis technology and research, there may be changes in the analysis method, accuracy, and result evaluation.
15. For non-legal DNA testing, if the DNA samples submitted by the participants are insufficient for testing, a recollection/resubmission shall be requested without charge or for a fee. However, in the case that the participants fail to provide the samples or cease communication within thirty (30) days, the test will be cancelled. Please contact the Company regarding fees for recollection as they may be subject to change.
16. The personal information submitted/declared and the examination results shall be retained for six (6) months for non-legal testing and one (1) year for legal testing from the report date. The expiration date of the My Data account shall conform to the terms and conditions referred to in clause 5. However, for those who have chosen the simple test report type, the validity shall be within thirty (30) days from the report date.
17. In the event that the Company contacts the applicant (by e-mail, phone, or My Data) but no response was received after ninety (90) days or more, the documents and samples shall be discarded and the DNA test service shall be cancelled. As a result, any damages or problems arising from this will be the liability of the applicant and the Company shall not give a refund.
18. After the retention period of statement 16 has elapsed, all information other than the applicant’s My Page registration information will be deleted. Kindly respond to our inquiries regarding the test. In addition, personal genetic information may be used for research etc. as anonymous data.
19. The numerical values used in the DNA test analysis report are obtained based on genetic sequences and calculated through statistical methods.
20. Applications for the non-invasive prenatal DNA testing shall not be accepted for the purpose of abortion.
21. When applying for the non-invasive prenatal DNA testing, there is a required number of weeks of pregnancy. However, even if the test is done within the required number of weeks, individual differences may affect the test and, in some cases, results may not be obtained. Cases like these are not subject to refund. In addition, the Company shall not take responsibility for additional expenses involved in the test such as cost of blood collection, medical professional fee, etc.
22. The DNA test results might be different from what the applicant and participants expect, which may have a significant effect on them. Please take careful consideration when applying for the test.

＜Cancellation of the Test Service (hereinafter referred to as cancellation)＞

1. The test will proceed immediately upon confirmation of payment. Therefore, regardless of the test type, a cancellation fee will be charged to the client as specified on the cancellation form. In addition, in case the payment was made through credit card, payment will also be refunded through credit card. However, depending on the circumstances, we may also remit through bank transfer, etc.. In case the payment was made through bank transfer, the payment will be refunded through a financial institution, however, transfer fees apply. Fees will be deducted from the refunded amount.

◆ Cancellation before payment

① If the payment has not been settled, the test service can be cancelled at any time.

◆ Cancellation after payment (a consumption tax is added to all rates as follows)

① If the test service is cancelled before the collection kit has been shipped out, 10% of the test service cost shall be charged as cancellation fee + refund fee.

② If the test service is cancelled after the collection kit has been shipped out (whether the kit has been opened, unopened, used, or unused), 20% of the test service cost shall be charged as cancellation fee + refund fee. For all prenatal DNA paternity collection kits must be returned to the Company. If the collection kit cannot be returned by the applicant, 30% of the test service cost shall be charged as cancellation fee + refund fee.

③ If a scheduled appointment in our office has been confirmed and the test service is cancelled before the analysis has started, 20% of the test service cost shall be charged as cancellation fee + refund fee.

④ If a business trip has been scheduled and the test service is cancelled up to seven (7) days before the scheduled trip, 20% of the test service cost shall be charged as cancellation fee + refund fee (excluding transportation fees).

⑤ If a business trip has been scheduled and the test service is cancelled up to three (3) days before the scheduled trip, 30% of the test service cost shall be charged as cancellation fee + refund fee (excluding transportation fees).

⑥ If a business trip has been scheduled and the test service is cancelled up to one (1) day before the scheduled trip, 60% of the test service cost shall be charged as cancellation fee + refund fee (excluding transportation fees).

⑦ If a business trip has been scheduled and the test service is cancelled on the day of the scheduled trip, 100% of the test service cost shall be charged as cancellation fee + refund fee (excluding transportation fees).

⑧ For ④～⑦, please note that refunds cannot be made for miscellaneous fees that have already been paid (e.g. ticket purchases, reservation fees for transportation and accommodation).

2. If the collection kit has any defects, the Company shall replace it with a new one only if the defect has been confirmed. The shipping cost necessary shall be shouldered by the Company. The postage from the applicant may be substituted by a stamp or the like.
3. Once the analysis has started, no cancellation shall be accepted by the Company for any reason. Moreover, refunds shall not be allowed unless the Company confirms that an accident or error in the analysis has occurred.
4. If a test is performed using DNA samples submitted by the applicant, refunds shall not be allowed regardless of the time required for the analysis or the DNA test results obtained.
5. In cases where there are false declarations regarding the relationship in the application form and submitted samples (excluding unintended errors), samples were obtained by illegal means, illegal alterations or modifications were done after the test application, the applicant and/or participants are members of or have close ties with gangs, extreme left terrorist organizations, and other unlawful organizations, or the mutual trust of the Company with the applicant has been compromised, the Company shall immediately cancel the test service. In whichever case, no refund shall be made.
6. The test services offered herein are only available in Japan. Please contact the Company for receiving the collection kit overseas and sending of samples.

＜Handling of Personal Information＞

1. The Company shall not respond to any inquiries from anyone other than the applicant in regard to the contents of the DNA test service. For verification of the applicant’s identity, the Company shall ask for the   following: ① case number, ② complete name, ③ birth date, ④ address, and ⑤ telephone number. However, even if the identity of the applicant is confirmed, the Company shall not disclose the results of the DNA test analysis and any personal genetic information of the participants.
2. The personal and genetic information of the applicant/participants shall be used solely for the purpose of the test service. Under no circumstances will any information be disclosed to third parties, unless otherwise compelled by the court, government, or public agency on a justifiable basis.
3. Personal and genetic information provided in this DNA test service will be handled in compliance with the Ministry of Economy, Trade and Industry’s (METI) guidelines for personal genetic information protection (https://www.meti.go.jp/policy/mono_info_service/mono/bio/Seimeirinnri/guideline_20170329.pdf).
4. The court in Tokyo, Japan (district/summary court) shall have exclusive jurisdiction over any dispute with the Company arising from the DNA test service.

＜Service Provider＞

Company  ：  DNA JAPAN, Inc.

Address　   ：  4-2-18 Nishi-Shinjuku, Shinjuku-ku, Tokyo, Japan

【Sister Company】

Company  ：  Analysis Laboratory of Forensic Science, Inc.

Address　  ：  4-2-18 Nishi-Shinjuku, Shinjuku-ku, Tokyo, Japan

【Partner Laboratories】

※Depending on the test service, the analysis may be carried out by the following:

Company  ：

DNA Diagnostics Center(USA)

Universal Forensics Corporation (USA)

Prenatal Genetics Center (CAN)

【Changes to Terms and Conditions】

1. Each clause of this agreement may be changed without prior notice if it conforms to the general interests of the applicant or when there are reasonable grounds for modification.
2. Any changes in this agreement pursuant to the preceding paragraph shall be effective from the date specified in the announcement published on the Company’s website.

＜Disclaimer＞

The applicant, participants, and related persons shall be liable for damages if a dispute arises with the Company from the DNA test service and the Company suffers any damage. Moreover, the Company shall not be liable for damages caused by the results of the DNA test service and the use of the analysis report. However, in the case where the contract between the applicant or the participants and the Company falls under the consumer contract under Article 2, paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), if the damage incurred or suffered by the applicant is based on the Company’s obligation or illegal.