This page provides the additional terms and conditions of Service which are incorporated by reference into each Consent and Authorization and Lab Submission Form that an Individual has executed or submitted (the “Additional Terms of Service”).

1. 1. Definitions
      • .1 Definitions: In this Additional Terms of Service, the following capitalized words and expressions will have the following meanings unless the context otherwise requires:

1. 1. “Business Day” means a day other than Saturday, Sunday or a day that is a statutory holiday in British Columbia;
   2. “BCIT” means the British Columbia Institute of Technology;
   3. “Consent and Authorization” means the Consent and Authorization that has been executed by the Individual in relation to the Services;
   4. “DNA Test” means DNA testing or biological fluid testing of a Sample;
   5. “Fees” has the meaning set out in Section 1;
   6. the “Individual” means:
      1. each Applicant and individual who has executed the Consent and Authorization and provided a Sample, or each Submitter who has submitted the Lab Submission Form and Exhibit; and,
      2. the Agency, or a corporate entity or other organization or agency in cases where such Individual in Section 1.1f)i. has executed the Consent and Authorization, submitted the Lab Submission Form, Exhibit or Sample, or requested the Services for or on behalf of a corporate entity or agency;
   7. “Intellectual Property” means any know-how, intellectual property of any kind, software rights, information, results, data, inventions, developments, discoveries, improvements and material or other intellectual property, whether or not complete and whether or not patentable;
   8. “Lab Submission Form” means the BCIT Forensic Lab Submission Form that has been submitted by the Individual;
   9. “Personnel” means BCIT’s employees, consultants, agents and sub-contractors;
   10. “Sample” means any type of submission which potentially contains human DNA that has been submitted to BCIT for DNA testing for which the Consent and Authorization or Lab Submission Form has been executed or submitted, and for purposes of clarity, includes the Exhibit referred to in a Lab Submission Form;
   11. “Services” means:
   12. 1. the DNA Test;
       2. preparation and delivery of written report of the results of the DNA Test (the “Report”) as set out in the Consent and Authorization or Lab Submission Form;
       3. the disposition of the Sample; and
       4. any other Services explicitly agreed to by BCIT in writing.

 

2. Representation and Warranty
   • .1 The Individual represents and warrants that:
3. 1. the Individual has the legal right to obtain the Sample and provide all necessary consents required for BCIT to perform the Services; and
   2. the performance of the Services as requested by the Individual in the Consent and Authorization or Lab Submission Form, as the case may be, will not cause BCIT to breach or violate any applicable laws or regulations including without limiting the generality of the foregoing, privacy laws.

 

3. Services
   • .1 The Individual acknowledges and agrees that:
4. 1. BCIT in its sole discretion may at any time refuse to perform any part or all of the Services in which case, the Individual completely relieves BCIT of performing any part of or all of the Services;
   2. BCIT has the sole discretion for selecting appropriate DNA Test methods that BCIT considers necessary to meet the requirements of the Services;
   3. where deviation from a DNA Test method is deemed technically justified by BCIT, BCIT is authorized to make such deviations and such deviations to the DNA Test are hereby accepted;
   4. it may be necessary to consume an entire Sample in order to maximize the likelihood of obtaining reliable results and in such cases, the decision to consume such entire Sample will be made by BCIT in its sole discretion without advance notice to the Individual;
   5. Samples may be marked, damaged or portions of Samples may be excised by BCIT as a necessary part of the DNA Test and the Services and BCIT is not liable for any such markings, damages, or excisions;
   6. Unless the Individual notifies BCIT to the contrary in writing within 10 Business Days after completion of the Services or delivery of the Report, as applicable, the Services will be deemed accepted by the Individual;
   7. BCIT shall be responsible for the hiring, dismissal, discipline, direction and control of the Personnel and for payment of their remuneration and for the provision of the supplies and equipment that it considers necessary to provide the Services.
   • .2 With regards to the Samples, the Individual acknowledges and agrees that unless otherwise explicitly agreed to by BCIT in writing, BCIT will dispose of the Samples within 30 days after the Report is issued or other date that BCIT solely determines. Any Samples returned to the Individual or a third party as directed by the Individual will be done so at the Individual’s sole risk, liability and expense.
   • .3 With regards to the Report, the Individual acknowledges and agrees that BCIT will only be required to deliver the Report as explicitly requested in the Consent and Authorization or the Lab Submission, as the case may be.
   • .4 The Individual acknowledges and agrees that BCIT issues simplified reports in compliance with ISO 17025:2017 and further acknowledges and agrees that BCIT may in its sole discretion omit any one or more of the following components from a Report (each, a “Report Component”):
5. 1. a title (e.g. “Test Report”, “Calibration Certificate” or “Report of Sampling”);
   2. the name and address of the laboratory;
   3. the location of performance of the laboratory activities, including when performed at a customer facility or at sites away from the laboratory’s permanent facilities, or in associated temporary or mobile facilities;
   4. unique identification that all its components are recognized as a portion of a complete report and a clear identification of the end;
   5. the name and contact information of the customer;
   6. identification of the method used;
   7. a description, unambiguous identification, and, when necessary, the condition of the item;
   8. the date of receipt of the test or calibration item(s), and the date of sampling, where this is critical to the validity and application of the results;
   9. the date(s) of performance of the laboratory activity;
   10. the date of issue of the report;
   11. reference to the sampling plan and sampling method used by the laboratory or other bodies where these are relevant to the validity or application of the results;
   12. a statement to the effect that the results relate only to the items tested, calibrated or sampled;
   13. the results with, where appropriate, the units of measurement;
   14. additions to, deviations, or exclusions from the method;
   15. identification of the person(s) authorizing the report; and
   16. clear identification when results are from external providers.
   • The Individual may request that BCIT include one or more of the Report Components in a particular Report to which BCIT will use commercially reasonable efforts to satisfy such request.
   • .5 The Individual acknowledges and agrees that transmission of any Report via e-mail has inherent risks, including without limiting the generality of the foregoing possible risk of email interception by a third party, and the individual provides consent and authorization to BCIT to send the Report via e-mail as set out above with full knowledge, understanding, and assumption of any and all risks.

 

4. Financial Obligations
   • .1 In consideration of the Services, the Individual agrees to pay BCIT the fees upon providing the Sample to BCIT in the manner as requested by BCIT in writing or verbally (the “Fees”).
   • .2 Except as otherwise specified, the Fees do not include any applicable taxes. The Individual will pay the amount of any taxes that may be imposed on or payable by BCIT relating to or arising out of the Services and the collection or remittance of the Fees.
   • .3 In the event that BCIT refuses to perform any part of all of the Services under Section 3.1, then BCIT will advise the Individual of such refusal.

 

5. Confidentiality
   • .1 “Confidential Information” means any information in any form or medium relating to one BCIT’s business, strategies, pricing, personnel, customers, suppliers, products or services, including all information belonging to third parties in respect of which BCIT owes any confidentiality obligation, that is directly or indirectly disclosed to or accessed by the Individual, whether or not any of the information is identified as being confidential, but excludes information that the Individual proves: (i) was lawfully in its possession before receiving it from BCIT; (ii) was provided in good faith to the Individual by a third party that had no obligation to keep it confidential; (iii) is or becomes generally available to the public through no fault of the Individual; or (iv) the Individual developed independently without any reference to the BCIT’s Confidential Information.
   • .2 The Individual will use conscientious efforts to protect BCIT’s Confidential Information, and will only provide Confidential Information to those of its employees, directors, officers, consultants, agents and other representatives on a “need to know” basis.
   • .3 Except as authorized by the Consent and Authorization, the Lab Submission Form, or otherwise by BCIT in writing, the Individual will not: (a) use, exploit or take any benefit from any of BCIT’s Confidential Information for any purpose; or (b) disclose any of BCIT’s Confidential Information to any third party.
   • .4 The Individual acknowledges and agrees that:
     1. notwithstanding any wording in the Consent and Authorization or the Lab Submission Form, as the case may be, BCIT is a public body subject to the British Columbia Freedom of Information and Protection of Privacy Act (“FIPPA”) and that all information or materials supplied to BCIT by, or obtained or created by BCIT for the Individual under the Consent and Authorization or the Lab Submission Form, as the case may be, is subject to that legislation;
     2. BCIT collects personal information in order to provide the Services under the authority of the College and Institute Act, RSBC, 1996, c. 52 and section 26 of the Freedom of Information and Protection of Privacy Act RSBC, 1996, c. 165. (“FIPPA”) which information will be used and disclosed only for purposes directly related to and required by BCIT to perform the Services, including, assess, process and provide Sample results, make decisions regarding DNA Testing, facilitate record keeping, execute program evaluation and other purposes consistent with BCIT’s mandate and the administration and operation of its programs and services pursuant to the College and Institute Act in the Province of British Columbia, and as required by provincial and federal government authorities or authorized by law. For questions about the collection, use and disclosure of personal information by BCIT, contact the Associate Director, Privacy, Information Access and Policy Management, 3700 Willingdon Ave., Burnaby BC V5A 3H2; Tel: 604-432-8508 Email: privacy@bcit.ca.; and
     3. with regards to the Services provided pursuant to a Lab Submission Form:
        1. BCIT is providing such Individual a service and all records relating to such Service, including the Report are in the custody of such Individual; and
        2. BCIT’s only obligation in relation to any requests received by BCIT to produce any records related to such Services pursuant to FIPPA will be to redirect such request to such Individual.
   • .5 The Individual acknowledges and agrees that BCIT will not accept confidential information about the Individual from anyone other than from the Individual.
   • .6 Notwithstanding any other provision in this Agreement, the Individual acknowledges and agrees that BCIT may retain copies of paper and electronic files, Individual’s confidential information, information or documents as are captured by routine back-up procedures or in accordance with BCIT’s file retention policies until such files are either over-written in the case of back-up procedures or destroyed consistent with BCIT’s file retention policies.

 

6. Intellectual Property
   • .1 The Individual acknowledges and agrees that:
     1. BCIT exclusively owns all right, title and interest to all Intellectual Property owned, acquired or solely created by BCIT in relation to or utilized in connection with the Services, and improvements thereto, such as source code, processes, know-how, methodology, ideas, and equipment (the “BCIT IP”). For clarity, BCIT IP specifically excludes the Sample, any results of any DNA Test of the Sample, including without limiting the generality of the foregoing, any Reports or data generated from such DNA Test;
     2. no rights to BCIT IP are granted to the Individual and the Individual shall not modify, revise, improve or otherwise amend BCIT IP except with the prior written consent of BCIT which modification shall vest exclusively in BCIT.
   • .2 To the extent BCIT shall append any copyright or ownership notices, logos or symbols to any BCIT IP, the Individual shall not delete or revise same or authorize or knowingly allow any third party to delete or revise same.

 

7. Publicity
   • .1 The Individual acknowledges and agrees that the Individual will not use the name, logo, trade-mark, or any other identifying mark, or the names of any staff member of BCIT in any advertising or publicity material, or make any form of public representation, statement or communication in relation to the Services provided hereunder that would constitute an express or implied endorsement by BCIT of any product or service without obtaining the prior written approval of BCIT.
   • .2 Notwithstanding section 7.1 above, the Individual agrees that it is an integral part of BCIT’s function to disseminate information and to transfer technology to industry. The Individual acknowledges and agrees that BCIT shall be entitled to include a description of the Services in any list of projects or services that it produces from time to time, including but not limited to lists of current projects and services produced for reports to government funding sources. Such lists of current projects or services may include the title of the project to which these Services relate, or a short description of the Services, the Individual’s name and the dollar value of the Services.
   • .3 Should BCIT wish to disclose information relating to the Services other than for the purposes set out above in section 7.2, BCIT shall give the Individual written notice of such proposed disclosure 30 days in advance of presentation or publication. Such written notice shall set out a draft of the proposed disclosure, and if the Individual does not object in writing to such disclosure within 15 days of receiving the written notice, the Individual shall be deemed to have consented to such disclosure and BCIT shall be permitted to proceed with such disclosure. In the event that the Individual objects in writing to the proposed disclosure, BCIT and the Individual shall negotiate an acceptable version of the proposed disclosure, including the release date within 30 days of delivery of the written notice to the Individual.

 

8. Client’s Indemnity and Release
   • .1 The Individual will indemnify, hold harmless and defend, and hereby forever release and discharge, BCIT and BCIT’s Board of Governors, directors, officers, employees, faculty, students, representatives and agents from and against any claims, suits, losses, damages, actions, causes of action, costs, fees and expenses (including actual legal fees and expenses) and liability of any kind and every nature that can or may arise, directly or indirectly and whether asserted by third parties or otherwise, relating to or arising from the Consent and Authorization, the Lab Submission Form, and the Services, excepting always that this indemnity does not apply to the extent, if any, to which the claims are caused by errors, omissions or the negligent acts of BCIT, its other contractors, assigns and authorized representatives.

 

9. Limitation Of Liability
   • .1 If, despite the disclaimers of liability contained in the Additional Terms of Service, Consent and Authorization or Lab Submission Form, as the case may be, BCIT is held liable to the Individual or any third party for any reason in respect of the Consent and Authorization, the Lab Submission Form, the Services or otherwise under or relating to these Additional Terms of Service, BCIT’s maximum liability will be the total of Fees received by BCIT from the Individual.

 

10. Disclaimer
    • .1 The Individual acknowledges and agrees that BCIT is performing the Services and providing the Report “as is” and without any representations or warranties (express, implied or statutory) of any kind, that BCIT expressly disclaims all representations and warranties (express, implied or statutory), including those regarding operation, functionality, durability, merchantability, fitness for a particular purpose and non-infringement, or that the Services or Report will meet the Individual’s needs, and that BCIT does not promise success in achieving any desired result. BCIT will not be liable for any loss or damage, whether direct, indirect, consequential, incidental, special, punitive or otherwise, arising from any defect, error or failure to perform under, or arising from or relating to the Consent and Authorization, the Lab Submission Form, these Additional Terms of Services, the Services or any Report, whether in negligence or otherwise, even if BCIT has been advised of the possibility of such damages.
    • .2 The Individual acknowledges and agrees that: (a) BCIT has advised the Individual to undertake, and the Individual is solely responsible for undertaking the Individual’s own due diligence and quality assurance with respect to all matters arising from or related to the Consent and Authorization, the Lab Submission Form, these Additional Terms of Service, the Service or the Report; and (b) that the Individual uses the Services and the Report solely at the Individual’s own risk.
    • .3 Nothing in the Consent and Authorization, the Lab Submission Form, these Additional Terms of Services or the Report constitutes an express or implied representation or warranty by BCIT that the Individual has or will have the freedom to operate or practice, or the freedom to make, have made, use, sell or otherwise dispose of or exploit, any Report.
    • .4 The Individual acknowledges and agrees that in relation to the Report or any product that uses or incorporates the Report the Client will use, distribute, or sell such product or the Report in accordance with all applicable laws, bylaws regulations, guidelines and policies.

 

11. Dispute Resolution
    • .1 If any dispute arises out of or relating to the Consent and Authorization, the Lab Submission Form, the Additional Terms of Services, the Services or the Report at any time, the Individual will attempt to resolve the dispute with BCIT amicably through confidential good-faith discussions.
    • .2 If the Individual cannot resolve the dispute with BCIT within 10 Business Days, or such longer period as BCIT and the Individual may agree in writing, then BCIT and the Individual will submit the dispute to be settled confidentially by a single neutral arbitrator under the Commercial Arbitration Act (British Columbia) and the rules of the British Columbia International Commercial Arbitration Centre. If BCIT and the Individual cannot agree on an arbitrator within 10 Business Days after the dispute is referred to arbitration then the British Columbia International Commercial Arbitration Centre will appoint the single arbitrator. The arbitrator will apply the federal laws of Canada and the provincial laws of British Columbia. The arbitrator’s decision will be binding upon the Individual and BCIT, and judgment on the decision may be entered in any court of competent jurisdiction. The arbitration hearing will be held in Burnaby, British Columbia and will be conducted in English. BCIT and the Individual will share equally in the arbitrator’s fees and expenses and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs in connection with the arbitration.
    • .3 Notwithstanding the previous paragraph, either BCIT or the Individual may seek immediate injunctive relief if, in BCIT’s or the Individual’s reasonable opinion, such relief is necessary to protect its intellectual property or Confidential Information before initiating or completing the dispute resolution process described above

 

12. 12. Notice
        • .1 Any notice, direction request or other communication required or contemplated by any provision of the Consent or Authorization will be given in writing and will be given by delivering or faxing or emailing the same to as follows:
          1. If to the Individual, by the e-mail address or other contact information provided in the Consent and Authorization or the Lab Submission Form, as the case may be; and
             Enter the email address
          2. If to BCIT:
             • British Columbia Institute of Technology
             • 3700 Willingdon Avenue
             • Burnaby, BC V5G 3H2
             • Attention: Enter BCIT’s representative
             • Email: ForensicDNALab@bcit.ca

 

12. • Any such notice, direction request, or other communication will be deemed to have been given or made on the date on which it was delivered, or in the case of fax or email, on the next Business Day after receipt of transmission. BCIT or the Individual may change its fax number, email, or address from time to time by written notice in accordance with this section 12.1.

 

13. General
    • .1 Precedence of Documents. If there is any conflict or inconsistency between the Additional Terms of Service and the Consent and Authorization or the Lab Submission Form, as the case may be, these Additional Terms of Service will take precedence.
    • .2 Relationship between the Parties. BCIT and the Individual are independent contractors and nothing in the Consent and Authorization or the Lab Submission Form, as the case may be, shall be construed as establishing an agency, partnership, or employment relationship between BCIT and the Individual. Neither BCIT nor the Individual shall have the authority to act on behalf of the other or to commit the other in any manner or cause whatsoever, or to use the other party’s name in any way not specifically authorized in the Consent and Authorization or the Lab Submission Form, as the case may be.
    • .3 Persons Bound. The Consent and Authorization and the Lab Submission Form, as the case may be, and these Additional Terms of Service enures to the benefit of and is binding on BCIT and the Individual and their respective successors and permitted assigns.
    • .4 Further Assurances. BCIT and the Individual will promptly sign and deliver all documents and take all action as may be necessary or desirable to effectively carry out the intent and purposes of the Consent and Authorization or the Lab Submission Form, as the case may be, and these Additional Terms of Service, to protect the parties’ interests and to establish, protect and perfect the rights, remedies and interests granted or intended to be granted under the Consent and Authorization or the Lab Submission Form, as the case may be, and these Additional Terms of Service.
    • .5 Waiver. A waiver of any term of the Consent and Authorization or the Lab Submission Form, as the case may be, or these Additional Terms of Service, or of any breach of the Consent and Authorization or the Lab Submission Form, as the case may be, or these Additional Terms of Service is effective only if it is in writing and signed by the Individual and BCIT and is not a waiver of any other term or any other breach.
    • .6 Amendment. BCIT may modify these Additional Terms of Service from time to time without prior notice to the Individual in which case these Additional Terms of Service will apply as of the date that they are posted on BCIT’s website www.forensiclab.ca/terms.
    • .7 Entire Agreement. The Consent and Authorization or the Lab Submission Form, as the case may be, together with these Additional Terms of Service, constitutes the entire agreement between the Individual and BCIT regarding its subject-matter and supersedes all prior agreements, understandings, negotiations and discussions between BCIT and Individual
    • .8 No Assignment. Neither BCIT nor the Individual will assign any part of these Additional Terms of Service or any of its rights under these Additional Terms of Service without the other party’s prior written consent, and any purported assignment without such prior consent will be void.
    • .9 Force Majeure. Neither party will be held responsible for damages caused by delay or failure to perform its obligations under the Consent and Authorization or the Lab Submission Form, as the case may be, or these Additional Terms of Service (other than its payment obligations) to the extent caused by events or circumstances beyond the non-performing party’s reasonable control, including acts of God, war, riot, embargoes, acts of government including civil or military authorities, export controls, catastrophe, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labour or material, or acts of public enemies, but not including the non-performing party’s financial status.
    • .10 Law and Jurisdiction. The laws of British Columbia, without giving effect to its conflict of law principles, govern this Agreement and all proceedings arising out of it, and the parties attorn to the exclusive jurisdiction of the British Columbia courts.
    • .11 Severability. Any provision of these Additional Terms of Service, the Consent and Authorization or the Lab Submission Form, as the case may be that is held to be invalid, illegal, or unenforceable will be deleted from such Additional Terms of Service, Consent and Authorization, or Lab Submission Form, as the case may be, and the remaining provisions will continue in full force and effect.
    • .12 Time. Time is of the essence in these Additional Terms of Service, the Consent and Authorization, and the Lab Submission Form.
    • .13 Survival. Article 2 (representation and warranty), Article 4 (financial obligations), Article 5 (confidentiality), Article 6 (intellectual property), Article 7 (publicity), Article 8 (client’s indemnity and release), Article 9 (limitation of liability), Article 10 (disclaimer), Article 11 (dispute resolution), Article 12 (notice), and Article 13 (general), and all other provisions of these Additional Terms of Service that are reasonably necessary for the interpretation of these Additional Terms of Service, the Consent and Authorization, and the Lab Submission Form or to give effect to the foregoing continue in force indefinitely, even after any of the foregoing or the Services ends.