1. DEFINITIONS
1.1 The “Company” is Genetic Technologies Limited. 1.2 The “Client” is a private individual, a business, a legal or independent entity ordering a Service. 1.3 The “Nominated Person” is the person named on the Submission Form to whom the test results will be given. 1.4 The “Sampler” is the person who takes the samples. 1.5 The “Service” is any one or more of the Company’s DNA tests or genetic tests advertised by the Company. 1.6 The “Order for Services” is the placing of an order for the Company’s Services, whether made in person, by telephone, letter, electronic mail, completion of an order form or any other method. 1.7 The “Price” is the price as set out in the current price list for the Company’s Services. 1.8 The “Kits” are the sample collection kits provided to the Client. 1.9 The “Testing Laboratory” for the baby gender test is the laboratory operated by Genomics for Life Pty Ltd.
2. APPLICATION OF THESE TERMS AND CONDITIONS
2.1 These terms and conditions shall apply to the exclusion of all other terms and conditions including any which the Client may purport to apply under any agreement, purchase order, confirmation of order or similar document. 2.2 All Orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these terms and conditions. The Company shall not be deemed to have accepted any offer until the Client has paid for the Service ordered. The payment shall be deemed as conclusive evidence of the Client’s acceptance of the Service under these terms and conditions.
3. EXTENT OF THESE TERMS AND CONDITIONS
3.1 No conditions other than those contained in these terms and conditions shall be deemed to be incorporated in or form part of these terms and conditions, except if agreed in writing between the Client and anyone authorized by the Company. 3.2 These terms and conditions do not affect the Client’s statutory rights as a consumer. 3.3 If any part of these terms and conditions are deemed unreasonable, void or otherwise unenforceable in any legal, arbitration or similar proceedings, it is the intention of the parties that the enforceability of the remaining parts of these terms and conditions will not be affected. 3.4 All agreements on the part of the Client which comprise more than one person or entity shall be joint and several.
4. COMPANY’S RESPONSIBILITIES
4.1 The Company will endeavour to make the results of the tests available to the Nominated Person within the times specifed for its Standard and Express Services. The turnaround times stated by the Company commence from the receipt of the samples at the laboratory and not from the receipt of the samples at any administration office or Company agent. 4.2 The Company will generally send kits to the Client via standard mail, unless otherwise requested by the Client. The cost of sending the kit is included in the Price. For some tests other methods of postage may be used. The Company cannot be held responsible for any delays caused by the postal system or courier services. It is up to the Client to notify the Company in the event that the kit is not received and this within a reasonable time expected from the postal system of that country. 4.3 If through no fault of the Client, the Kit delivered to them or to their Sampler by the Company is damaged on arrival or the sterile packs have been compromised, new ones will be supplied by the Company free of charge. The defective Kits should be returned by the Client with the return carriage at their expense and clearly marked as faulty, for disposal by the Company. 4.4 The Company will only issue one Kit per Client order. Additional kits requested will incur an administrative charge depending on country of destination (refer to Appendix 1 for tentative charges). 4.5 If through no fault of the Company, the samples provided by the Client fail to generate a DNA profle due to insufficient DNA or a contaminated sample, then a re-sampling fee will be applied (refer to Appendix 2 for charges). 4.6 The Client understands that whilst the particular testing that the Company undertakes is highly accurate, as with any testing there is a possibility of error or omission. The Client therefore acknowledges and accepts that in the event of the Client being able to establish a claim for damages resulting from any act of the Company whether negligent or otherwise, the Company’s liability shall not exceed the cost paid for the test and agrees to keep the Company and its agents, officers and employees harmless from all further claims or damages. The Client’s rights hereunder shall be subject to the Client notifying the Company of any error or omission within thirty days of the test report being sent to the Nominated Person via email or postal mail. Any liability arising under this clause (4.6) will be limited to the cost of the Service contracted for. 4.7 The Company shall not be liable for any loss or damage suffered by the Client or any other person as a consequence of reporting the test results to the Nominated Person or other authorised persons unless the Company has been negligent. 4.8 The Company shall not be liable for any failure or delay in the performance of its testing Services through causes beyond its control, including but not limited to an act of God, flood, drought, storm, war, industrial action, strike, lockout, breakdown of equipment, systems or network access, fire, explosion, terrorism, sabotage or other event beyond its control. 4.9 The Company reserves the right to refuse its Services if it has reasonable grounds for believing that the biological samples were or will be obtained illegally, or results will be used for an illegal, improper or unethical purpose or there is a conflict of interest with an existing Client, or the quality of the Company’s Services might otherwise be compromised, or it has other reasonable grounds for doing so. 4.10 The test reports provided by the Company will be given to the Nominated Person. Any people tested will have the right to a copy of the report. Written reports will be sent by email to the Nominated Person unless otherwise stipulated. If requested, a hard copy of the results is available by mail for an additional fee. 4.11 The Company reserves the right to issue results to and/or discuss results with: (a) all persons tested; or (b) where the person tested is a child, the mother or other person with parental responsibility for the child where the nominated person or other authorised person has failed without reasonable excuse to pass on the results to those tested. 4.12 The Company aims to provide a high quality Service at all times. If the Client is not satisfied with the Service they have received they should put their complaint in writing to the Company. The Company will endeavour to look into any complaint promptly and to explain the position to the Client. The Company will do its best to resolve any complaints or concerns; however any decision by management is final.
5. CLIENT’S RESPONSIBILITIES
5.1 The Client is responsible to ensure they are eligible to take the test and that they are in or past the 10th week of pregnancy (8 weeks postconception). Blood samples taken before the 10th week of pregnancy have strong probability of giving false or inconclusive results. Pregnancy begins on the first day of the last menstrual period.
5.2 It is the Client’s responsibility to ensure that the persons tested provide all necessary identification (if requested), correct materials or samples to the Company and to complete fully, accurately and legibly any documents requested by the Company. Failure to do so may result in a delay in providing, or inaccuracies in, test results which may affect the evidential value of the test results. In such circumstances the Company shall not be liable for any such delay or inaccuracy. The Company will have no further liability until the situation is rectified and no refund is due.
5.3 On request, the Company will endeavour to give as much information to the Client about the Services it provides and the fullest picture of what the results do and do not show, but the Client must decide whether or not the Service offered by the Company is suitable for any particular purpose and is advised by the Company to take legal or other advice if necessary prior to ordering the test. 5.4 The Client (or their Sampler) is responsible for obtaining any legal advice necessary to ensure that they are entitled to possess and obtain the biological samples passed to the Company for analysis. 5.5 The Client agrees to indemnify the Company against all claims, expenses and any loss or damage suffered by the Company as a result of the Client (or their Sampler) passing to the Company any samples which were not legally obtained. 5.6 The Client undertakes that all information provided to the Company for the purpose of ordering the Service is correct and that any credit/ debit card used to pay for the Service is owned by them (or that they have the owner’s authority to use it to pay for the Service). 5.7 The Client warrants that they are entitled to provide the Company with all information and data and shall indemnify the Company against any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties. 5.8 The Client is responsible for ensuring that the Nominated Person is aware of the need for confidentiality and that they should not disclose the contents of the report to anyone other than those authorised by the persons tested. See also clause 4.10 above. 5.9 The Client should only enter into contract with the Company if they are willing to be bound by these terms and conditions.
6. RETESTING
6.1 Taking Test too early: In order to increase the chance of conclusive results, customers must take the test on or after the 10th week of pregnancy (8 weeks post-conception). This ensures that enough of the cell-free fetal DNA is present in the expecting mother’s circulatory system to accurately determine gender. In the event that the Client provides false information regarding their gestational age, the Client will not be eligible for a refund. 6.2 Insufficient DNA: Should the mother’s sample provide insufficient fetal DNA for reliable analysis, then no conclusion regarding gender will be possible. In such cases a second blood draw and analysis later in the pregnancy is recommended. The Company will perform the second test free of charge except for an administration and new kit fee (refer to Appendix 2 for charges). 6.3 Non-compliant sample: If, for any reason, samples reach us but do not meet our requirements, clients will be advised accordingly and will be offered the option of receiving a new kit for re-sampling. Any samples which are received: a) without paperwork b) without the required amount of blood c) with the wrong number of tubes; will not be tested. 6.4 If re-sampling is required, the Client will incur a shipping and administrative fee (refer to Appendix 2 for charges). 6.5 The sample must reach the laboratory within five to six days of taking the sample. It is the Client’s responsibility to ensure the sample is delivered within this time frame. If the sample is received after this period, the laboratory may decide not to proceed with testing. In such a case the Client will need to re-sample and relative fees will apply (refer to Appendix 2 for charges).
7. RESULTS
7.1 There are very rare cases where the results of the test contradict the actual sex of the child. This may be due to maternal, fetal and/or placental mosaicism, low fetal fraction, blood transfusion, transplant surgery and stem cell therapy. This test cannot be applied for the following conditions: the fetus has a structural abnormality, mosaicism, multiple pregnancies: the pregnant woman has a chromosomal aneuploidy herself or has received a blood transfusion, transplantation, stem cell therapy or immune therapy. Any claims made for inconclusive results will be considered on an individual basis. The Company may request a copy of the birth certificate in order to support claim. 7.2 Results of screening tests (ultrasounds) or diagnostic tests (amniocentesis or CVS, chorionic villus sampling) have provided results which conflict those provided by GGC, the Client will need to send us copies of the results and any added documentation we request. The results must be signed by a physician and/or specialist. 7.3 The date of the procedure and outcome of the test must also be clearly stated. If an ultrasound is carried out, we can only consider the refund request once the baby is born due to the possibility of inaccurate ultrasound results. In the case that it can be proven that the result of the GGC test is incorrect, then a full refund will be provided. 7.4 The Client understands and accepts that whilst the test the Testing Laboratory undertakes is highly accurate, as with any testing there is a small possibility of inconclusive results. A result will not be obtained in approximately 1% of patients. Our test is 98% accurate at 10 weeks of pregnancy (8 weeks post-conception). The lab has a quality assurance program that continuously monitors the quality of our methods and reagents and the accuracy of our results. There is a 2% error rate that is attributed to the home nature of the baby gender test and user error such as contamination with male DNA, taking the test too early or not providing enough blood.
8. FEES FOR SERVICES
8.1 The Price of the Company’s Services are those set by the Company and revised from time to time, and are detailed in the Company’s current price list. The Company’s price list is available on the website or upon request.
9. PAYMENT AND CANCELLATION
9.1 The Company will not accept an Order for Services from the Client until full payment has been received. 9.2 For credit card payments, the credit card charges are absorbed by the Company. For all other payment methods, the Client is responsible for any charges incurred in the payment transaction. All funds received by the Company must be the full price quoted in the Price List and net of any charges, before the Company will process the Service. 9.3 The Client has three months to send their samples back from the Order of Service (referred to as the Expiry Period). If the Client fails to send the samples within this timeframe, the account will be closed. The Company will charge a reactivation fee to re-open the account and process any samples sent after the Expiry Period (refer to Appendix 3 for charges). After a period of one year the account will be deleted and re-activation will not be possible.
10. REFUNDS POLICY
10.1 If the Service is cancelled before the Company issues the Client a Kit, then a full refund will be offered. 10.2 If the Service is cancelled after the Company issues the Client a Kit but before the Client sends back the samples, then a postage and administration fee will apply (Appendix 1). This is valid within the Expiry Period only. 10.3 If the Service is cancelled once samples are received at the Company then no refund will be due. 10.4 Due to the personalised nature of the Kit, which is customised for each Client, the Service falls outside the Distance Selling Regulations.
11. TIME AND DELIVERY
11.1 Dates given by the Company for the completion of analysis and reporting of results are for guidance only. The Company shall not be liable to the Client for any delay in the delivery of Service and any loss or damage directly or indirectly caused by any delay.
12. OTHER MATTERS
12.1 Ownership of copyright in all literature, documentation, and reports etc, prepared by the Company, remain the property of same.
13. DATA PROTECTION AND PRIVACY
13.1 Under the applicable data protection law, the Company will only obtain, use, process and disclose personal information about the Client to proceed with its responsibilities in providing the Service contracted for, and for other related purposes including updating Client records, analysis for statutory returns, crime prevention and legal and regulatory compliance. The Client has a right to a copy of personal data held about them by the Company and such data can be obtained free of charge unless the request is deemed excessive in which case an administration fee will be charged (refer to appendix 1 for charges). 13.2 The Client acknowledges and accepts that the Company may also be required to disclose the Client’s personal data to third parties, whether directly or indirectly related to it, for the provision of the Service. This transfer may include, but is not limited to, other companies within the Group, third party agents, Affiliates and testing laboratories. The Company does not disclose personal data for any marketing promotions. Data is only transferred to authorised personnel or agents whom we would have ascertained that they cater for a certain level of data protection. Kindly refrain from using our Services if you do not find yourself in agreement with the transfer of data to third parties. 13.3 Due to the Company’s international operations, the Client acknowledges and agrees that we may transmit Client data to third parties across borders to other countries in order to provide the Service. 13.4 Client acknowledges and agrees that the Company shall be entitled to use all the DNA samples provided by the Client and that any remaining samples and hard copy documentation will be destroyed in line with the laboratory’s standard operating procedures and legal requirements. Retention of data during the Service provided shall be based on the performance of a contract that the data subject would have signed up to. For non-chain/legal cases data subjects can request deletion of all data and results. Deletion of data upon request is conducted within 30 days from date of request. The data subject would be informed on the reason why, in the eventuality the said request would not being accepted. Client has the right to request how their data is being handled at any time during and after the Service. 13.5 The Client has the right to withdraw Consent at any stage during the provision of the Service by contacting us in writing or via email. Fees will apply in line with Section 8. 13.6 Client acknowledges and agrees to be bound by the terms of our privacy policy found at our various company websites on the Privacy Policy page.
14. JURISDICTION
14.1 The contract between the Company and the Client, as evidenced by these terms and conditions, is subject to the laws and courts of Australia and shall have exclusive jurisdiction in relation to any claim or dispute arising from the contract.
APPENDIX
1. Administration/Shipping fee UK GBP£ 30.00 Europe EUR€ 35.00 USA USD$ 40.00 Canada CAD$ 50.00 South Africa ZAR 800.00 Other USD$ 40.00 2. Resampling fee UK GBP£ 50.00 Europe EUR€ 60.00 USA USD$ 70.00 Canada CAD$ 80.00 South Africa ZAR 900.00 Other USD$ 70.00 3. Reactivation Fee/Open kit fee UK GBP£ 50.00 Europe EUR€ 60.00 USA USD$ 70.00 Canada CAD$ 80.00 South Africa ZAR 900.00 Other USD USD$ 70.00 (subject to location) Reg. Office: Genetic Technologies Limited
60-66 Hanover St, Fitzroy Victoria 3065 Australia
ACN 009 212 328 Testing Laboratory: Genomics For Life T/AS DNA QLD, Unit 1/11 Parkview St, Milton, Queensland, 4064, Australia
