Terms & Conditions

These Terms and Conditions of Use (Terms) apply to all Clients using this website to obtain Services.

We may modify and update these Terms at any time, without notice.

In using our website to obtain our Services, you agree to be bound by these Terms as well as any and all general terms and Privacy Policy posted on our website from time to time. In return We agree to supply the Services and Deliverables as described in this Website in return for the Fee and in accordance with the Terms.

Definitions

Client means an individual or entity that engages our Services.

Confidential Information means any information not in the public domain and includes but is not limited to any information which would be considered personal, or health information by any legislation or regulation in Australia.

Deliverable means any product, report, information, data or similar material which results from the Services.

Fee means the fee payable by the Client for any Services.

NextGen Test means a test conducted by Genepath involving next generation DNA sequencing from a single buccal swab to screen 67 genes for DNA variants.

Order means an order placed by You via this Website for Services from Us.

Services means provision of a NextGen Test and results to You via a report sent to your nominated medical practitioner.

Specialist means any doctor or expert health care provider who is engaged to provide the medical assessment and other services through our Services.

Website means www.genepathlabs.com.au

We, Our, Us and Genepath means genepathlabs.com.au and Scitex Global Pty. Ltd trading as Genepath (ABN: 65623667738) its partners, officers, employees, affiliates and agents.

You or Client means the individual, business, firm, group engaging our Services and by doing so, agree to these Terms.

Our services 

You acknowledge and agree:

  • You are at least 18 years of age or older to access and use our Services;

  • we are a facilitator acting only for the purposes of permitting you to access our website and Services in order to facilitate a Specialist or medical practitioner to complete and help you understand the results and further information you may require to address the results; and

  • We will not accept any returns of the product after delivery if it is opened or tampered with.

Upon receipt of an Order from you, in return for the Fee, We shall provide the following Services to You:

  • Genepath use next generation DNA sequencing to sequence 67 genes from a single buccal swab (The NextGen Test).

  • Report Deliverables including genetic analysis of inherited diseases.

  • Genepath will conduct testing and deliver a report of the NextGen Test to the Client.

  • The Report will be communicated to the Client by the Client’s nominated medical practitioner.

  • As part of the NextGen Test for Adults, carrier status for certain conditions may be examined. A carrier means the test subject is not suffering from, or at risk of suffering from the disorder, but the risk of their child (the next generation of the family) having the disorder is increased.

Refunds

All refund rights under both State and Commonwealth law apply.

Any refund will be provided using your original payment method.

When you change your mind you can apply for a refund at any time before dispatch of the DNA home collection Kit.

If you apply for a refund before one of our health professionals has discussed the test with you, you will be entitled to a full refund.

If you apply for a refund after one of our health professionals has discussed the test with you, you will be entitled to a full refund.

If you apply for a refund after we have started processing your sample in the laboratory, you will be entitled to a refund of $200.

Results

We take care and provide all our Services in a professional manner and in accordance with generally accepted industry practice and standards. We cannot guarantee any results or the accuracy of the results. Our tests and our Services, however, have proven results which provide assistance to conduct identification for further investigation and potential medical attention.

Privacy and confidentiality

We ensure we conduct our Services with the utmost care and attention and, in particular, we respect the sensitivity required for the confidential nature of dealing with any Confidential  Information.

You, as our Client, agree at all times, to act honestly and with integrity in relation to your use of the Services. This includes engaging in and promoting honest and ethical conduct, including the ethical handling of personal information, sensitive health information and actual or apparent conflicts of interest between personal and professional relationships. You agree not to make promises or commitments that are not intended or unable to be honoured and no false or misleading statements, which includes but is not limited to statements which are misleading by omission.

We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled including all health details which are considered sensitive information. We only collect information required to provide our Services and we keep this information in secure encrypted servers or, where provided physically, in secure safe storage facilities.

We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.

For details of how we collect and manage private information, please refer to our separate Privacy Policy.

Our fee 

You agree to pay the Fee and any incidental costs (including GST) in the time and manner set out in any correspondence we may send you which accompanies the Services.

Liability 

We guarantee that the Services will be:

  1. carried out with due care and skill;

  2. fit for the purpose that You have made known to Us; and

  3. provided by the date specified in the Services details, or as agreed in writing or within a reasonable time.

To the full extent permitted by law, Our total liability for failure to comply with any of the guarantees described directly above is limited to the re-supply of the Services or the cost of having the Services re-supplied.

You agree that You will use the Deliverables at your own risk.

You release and indemnify Us against any claim, judgment or award in favour of a third party which arises as a result of the use or release of the outcomes of the Services or the Deliverables by You where such use is outside the purpose for which You requested the Services, except that Your liability to indemnify Us under this clause will be reduced proportionally to the extent that any unlawful or negligent act or omission of Us or of Our employees contributed to the loss or damage.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

In the event of any successful claim, our liability is limited to the price paid by the Client for our Services or the re-supply of the Services as determined by us in our sole discretion.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Information on this website

The information on this website is for informational purposes only and is not intended as a diagnosis of any medical condition or advice as to medical treatment of any condition.

We are not involved in making any determination regarding the appropriateness, validity or otherwise of the outcome of any results of any NextGen Test. You should seek the advice of a medical practitioner or qualified health provider in relation to your use of the information, analysis and results.

Intellectual property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Scitex Global Pty Ltd trading as Genepath.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our affiliates.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Modification of website and content

We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

We reserve the right at any time and from time to time to remove, delete, alter or amend any part of the website. We shall not be liable to you or any third party for any modification when it is required.

Governing law

These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.

Important Note

Our Services are not a substitute for medical attention, treatment, examination, advice or diagnosis. You are responsible for consulting a doctor or medical practitioner before relying on any results, analysis or information from our Services. You take full responsibility for making the informed decision to use our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.