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TERMS AND CONDITIONS OF USE AND PURCHASE

Last updated: March 07, 2023

Please review these terms carefully.

In order to use our website (https://genofax.com/au) (“the Website”), complete any purchase from Teleaus Australia Pty Ltd ACN 637 751 350 t/a Genofax®(“Genofax®” or “our” or “we” or “us” ) whether through the Website or in any other way, and before we can deliver you any Services, you must first agree to these terms and conditions of use and purchase (“the Terms”) which sets out the general legal relationship between you and Genofax®.

You acknowledge that:

  • 1. You are over the age of eighteen (18) years; and
  • 2. You have read and you agree to these Terms and our Privacy Policy, by clicking to accept the “I have read and agree to the Terms and Privacy Policy of Genofax®”.

If you do not agree to these Terms you will not be allowed to proceed with your intended purchase, we cannot provide you with any Services, and we ask you to cease using the Website.

1. CONTRACT

1.1 Contract

  • (a) You agree that by accepting and ticking the box “I have read and agree to the Terms and Privacy Policy of Genofax®” you are making an offer to enter into a contract with Genofax®.
  • (b) You agree that the contract between you and Genofax® is formed when Genofax® communicates acceptance of your offer either by phone or email, and this may be in the form of a ‘confirmation of order’.

1.2 Updates

Genofax® reserves the right to change these Terms from time to time, and at any time, and you agree to be bound by any such changes when they are posted on the Website.

2. TERMS OF PURCHASE

2.1 Application of this clause

This clause 2 applies to the purchase of Products or Services directly from Genofax®, whether through the Website or in any other way.

2.2 Sale and Purchase

Subject to your compliance with these Terms, in consideration for the payment of the Price, we agree to sell and you agree to buy the Products and/or Services listed in the Order on these Terms.

2.3 Orders

  • (a) Orders for Products and/or Services can be placed with Genofax®online by following the instructions provided on the ‘How It Works’ webpage.
  • (b) Genofax® reserves the right to accept or reject (in whole or in part) any Orders placed.
  • (c) Once an Order has been received and accepted by Genofax®, an order confirmation will be sent to your nominated email address
  • (d) If Genofax® rejects an Order, an order rejection will be sent to your nominated email address.
  • (e) You may cancel your Order only if we have not yet dispatched the Product.
  • (f) If you wish to cancel your order, please contact support@genofax.com. We will notify you of the outcome of your cancellation via an email to your nominated email address. If you successfully cancel your Order we will organise a full refund of the Price already paid.

2.4 Payment

  • (a) The price of all Products, Services, delivery, and any other fees or charges that may apply (the Price) must be paid in full at the time you place an Order.
  • (b) Payments may be made by credit card, debit card, through PayPal®or eWAY.
  • (c) All Prices appear in Australian dollars and are inclusive of GST (where applicable)
  • (d) Prices are correct at the time of display on the Website, although they are subject to change.
  • (e) You are not entitled to set off the Price against any sums owed or claimed to be owed by Genofax® to you.

2.5 Security of Payment

  • (a) Genofax® uses the eWAY and Paypal payment gateways for its online credit card transactions. All online credit card transactions performed on the Website are secured payments.
  • (b) The following information applies to payments received by Genofax® via the Website:
    • (i) Payments are fully automated with an immediate response;
    • (ii) Your complete credit card number cannot be viewed by Genofax® or any outside party;
    • (iii) eWAY and Paypal are authorised third party processors for all the major Australian banks; and
    • (iv) eWAY and Paypal advise that they meet the PCI-DSS standards.
  • (c) If you have questions about security of payment through our Website, you can email us at support@genofax.com.

2.6 Delivery

  • (a) The Price must be received in full before any Products are dispatched for delivery or any Services provided.
  • (b) We endeavour to dispatch your Order within 48 hours of receipt of payment and acceptance of the Order.
  • (c) We will send the Products to your nominated address and you must pay all delivery costs unless otherwise stated.
  • (d) We send our products using standard Australia Post delivery services and we estimate that orders will typically be received within 7 to 10 working days after dispatch.
  • (e) To ensure faster delivery, you can select to have your product delivered by Australia Post Express Post service and we estimate that orders will typically be received within 3 working days after dispatch.
  • (f) On rare occasions when we are temporarily out of stock, you will be contacted by either telephone or email and advised when the Product is expected to be available for delivery.
  • (g) Whilst we will use our best endeavours to meet the timeframes stated for delivery, please note that many factors can affect these timeframes and cannot guarantee that timeframes will always be met.
  • (h) We are not liable for any costs, losses, damages or expenses arising from a failure to deliver the Products or a failure to deliver the Products in the estimated timeframes.

2.7 Ownership & Risk

  • (a) Title to the Products will only transfer to you once we have received full payment.
  • (b) Risk in the Products passes to you at the time of delivery. Delivery is deemed to occur when we deliver the Products to Australia Post.

2.8 Defective Products

  • (a) Under the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law, Consumer Guarantees apply to each Product or Service purchased from the Website that cannot be excluded, restricted, or modified.
  • (b) A Product is deemed to be defective if:
    • (i) It is not of merchantable quality;
    • (ii) It is not fit for any purpose for which it is acquired by you;
    • (iii) It does not conform to any sample, specification, or other description given to you by Genofax® in relation to the Product;
    • (iv) Being in the nature of Services, they are not of a reasonable standard, quality, value, or grade; or
    • (v) it does not comply with any consumer guarantee or implied warranty applicable to the supply of the Products which cannot be excluded (including pursuant to the Competition and Consumer Act 2010 (Cth)).
  • (c) If you believe a Product purchased from Genofax® is defective (as defined in clause 2.8(b)), you must notify us in writing within 48 hours of delivery of the Product (via email, to: support@genofax.com), and you must send the defective Product back to us via Australia Post standard domestic letter service in its original condition and packaging within 7 days of giving us that notification. If you do not give Genofax® notice or send the Product back to us within these timeframes and in its original condition, the Product is presumed to have been delivered in good and merchantable condition, which presumption can be rebutted.
  • (d) If the Product returned to us in accordance with clause 2.8(c) is found to be defective, we will reimburse you within 30 days for the cost of returning the defective Product to us via Australia Post standard domestic letter service. The process of reimbursement will be set out in an email from us to your nominated email address.
  • (e) To the extent permitted by law, our liability to remedy a defective Product or for a breach of a Consumer Guarantee, condition or warranty implied by the Australian Consumer Law is limited to any one or more of the following (in our absolute discretion):
    • (i) In the case of Products:
      • A. The replacement of the Products or the supply of equivalent Products, or payment of the cost of the same;
      • B. The repair of the Products, or payment of the cost of the same; or
      • C. A refund of the Price upon the return of the Products to us in accordance with clause 2.8(c); and
    • (ii) In the case of Services:
      • A. Supplying the Services again; or
      • B. Payment of the cost of supplying the Services again; or
      • C. A refund of the Price.

3. TEST KIT USE, RESULTS AND REPORTING

3.1 Application of this clause

This clause 3 applies to the use of any Genofax® test sample collection kit (“the Test Kit”), whether purchased directly from us or from a third party (including retail outlets).

3.2 Test Kit Use

  • (a) You must carefully follow the instructions provided with the Test Kit.
  • (b) Once you have collected your sample, return it to Genofax® along with all required forms including the questionnaire completed and signed in the pre-paid envelope provided.
  • (c) You agree to complete the questionnaire truthfully and to the best of your knowledge.
  • (d) Once Genofax® has received your returned sample and your completed questionnaire form, Genofax® will deliver your sample to the Australian Genome Research Facility (AGRF) to be processed.
  • (e) If we do not receive all forms signed and completed, we will not process your sample. We will notify you of the failure to provide the forms via email and allow you the opportunity to resend the forms.

3.2 Pathology laboratory processing for Test Kit

  • (a) The results from processing your sample (“the Results”) are estimated to be returned to Genofax® from AGRF three to four weeks from when we receive your sample.
  • (b) As we use external laboratories to process your sample, whilst we will use our best endeavours to meet the timeframes stated for delivery of the Results, we cannot guarantee that timeframes will always be met.
  • (c) We are not liable for any costs, losses, damages or expenses arising from a failure to deliver the Results or a failure to deliver the Results in the estimated timeframes.

3.3 Reporting

Genofax® will, as requested in your questionnaire form:

  • (a) Deliver the Results to you electronically in a secure encrypted format via the Test Results Portal on the Website; and
  • (b) Send you an email with instructions on how to access your Test Results Portal account,
  • (c) Or alternatively, email or post the Results to you at your own cost.

3.5 Confidentiality and Privacy

  • (a) Genofax® will maintain the strict confidentiality and privacy of any information you provide us (including but not limited to the requisition form, samples, or Results) in accordance with our Privacy Policy, and subject to the Privacy Act 1988 (Cth) and any other applicable Commonwealth, State or Territory statutory or common law.
  • (b) To the extent that any such information is not deemed to be a “health record” (for the purposes of the Health Records (Privacy and Access) Act 1997 (ACT)) or “health information” (for the purposes of the Health Records and Information Privacy Act 2002 (NSW) and Health Records Act 2001 (VIC)), Genofax® will still treat that information as confidential and private in accordance with the above clause 3.5(a) as if it were a “health record” or “health information”.

3.6 Reasonable care

  • (a) Genofax® takes all reasonable care to ensure that samples are handled and processed in accordance with industry standards, however as samples may be sent to external quality-controlled pathology laboratories, Genofax® makes no guarantees as to:
    • (i) The prevention of contamination of the samples; or
    • (ii) The accuracy of the Results provided.
  • (b) Genofax® will take all reasonable care in using the information you have provided in the questionnaire or otherwise relating to the Test Kit.
  • (c) Subject to clause 3.6(b), Genofax® is under no obligation to investigate the truth or accuracy of the instructions or information you have provided to us in relation to the Test Kit. You agree we have no duty to contact your authorised recipient to verify their contact information. Genofax® disclaims all liability for any loss or damage whatsoever arising (including from breach of confidentiality) out of your failure:
    • (i) To properly follow the instructions on the Test Kit;
    • (ii) To provide us with true and accurate information via the questionnaire or otherwise in connection with the Test Kit; or
    • (iii) To correctly authorise an authorised recipient to receive the Results, and you agree to indemnify Genofax® against any person’s claim in relation to such loss or damage.

4. CUSTOMER’S OBLIGATIONS AND INDEMNITY

4.1 Authority

  • (a) You warrant that you have the authority to obtain, collect, and submit any personal information or sample delivered to Genofax® in connection with the use of the Website or the purchase of Products or Services from us.
  • (b) If you are purchasing any Products or Services on behalf of another person that does not have legal capacity, for example if that person is under 18 years of age or if they suffer from a disability, then:
    • (i) You make the warranties in clause 4.1;
    • (ii) You warrant that you are that person’s legal guardian; and
    • (iii) You warrant that you have the authority to bind that person to these Terms.

4.2 Follow instructions

  • (a) You warrant and represent that you will follow the instructions and procedures on any Products (and particularly the Test Kits) that are purchased from us.
  • (b) You agree to seek medical advice before applying or implementing any advice provided by Genofax®
  • (c) You agree to indemnify Genofax® for any claims for loss or damage suffered by any person arising out of the breach of your warranties and representations described above in clause 4.2(a), including from incorrect or inaccurate Results caused by your incorrect use of the Products or Test Kits, or by your incorrect use of any of the products provided by third parties which you engage us to process and deliver Results from.

4.3 Accuracy of information

You warrant and represent that any information provided to Genofax® is true and accurate.

4.4 Customer Account

  • (a) With respect to your customer account, you warrant and represent that you will:
    • (i) Only submit accurate information;
    • (ii) Keep it up to date and accurate at all times;
    • (iii) Choose an appropriate password (having regard to any password criteria posted on the Website); and
    • (iv) Not transfer your account to another individual without our consent.
  • (b) If you choose to give access to your customer account, Results, or Test Results Portal to third parties, any details provided therein must be accurate, and we disclaim any liability in connection with a third party abusing or misusing your customer account as a result of your granting that access.

4.5 Indemnity

You agree to indemnify and hold Genofax® harmless for any claims for loss or damage suffered by any person arising out of your breach of these Terms, and in particular your warranties and representations described in this clause 4, including but not limited to:

  • (a) Your failure to obtain proper authority to obtain, collect or submit any information or sample to us;
  • (b) Your failure to follow the instructions for any Product or Test Kit;
  • (c) Any action that you take arising from advice provided by Genofax®
  • (d) Your failure to seek medical advice before applying or implementing any advice provided by Genofax®
  • (e) Your failure to provide us with true and accurate information; and
  • (f) Granting any third party access to your personal information.

5. DISCLAIMER AND LIMITATION OF LIABILITY

5.1 Website information – NOT MEDICAL ADVICE

The information provided on the Website is general information only. Genofax® does not provide any medical advice. No information, Product, or Service provided by Genofax® is intended to diagnose or treat any disease. We strongly recommend that you seek medical advice from a registered medical practitioner.

5.2 Test Kit Results – NOT MEDICAL ADVICE

  • (a) Genofax® will deliver you the Results provided by the pathology laboratory based on the sample you submitted to us. Genofax® is not liable for any representations made by the pathology lab with respect to the Results.
  • (b) The Results are merely informational or, where marked, consist of nutritional advice only.
  • (c) The Results are not intended to diagnose or treat any disease. If you seek medical advice or if you need assistance in the interpretation of the Results, we strongly recommend that you contact a registered medical practitioner.

5.3 No warranties for security of the Website

Genofax® makes no warranties that the information on the Website is free of infection by computer viruses or other contamination.

5.4 No liability for loss or damage

In no event will Genofax® be liable (including liability for negligence) for any loss or damage whatsoever arising out of:

  • (a) A person’s reliance upon the material contained in the Website or any other information incorporated by reference;
  • (b) A person ‘s use of, access to or inability to use or access the Website or any internet website linked to the Website;
  • (c) The purchase of any Product or Service from Genofax®;
  • (d) Any information provided by Genofax® in connection with any Products or Services purchased from Genofax®, including the Results from any Test Kit; or
  • (e) A person’s use or misuse of any Product purchased from Genofax®.

6. INTELLECTUAL PROPERTY & LINKED WEBSITES

6.1 Copyright

Copyright in the content of the Website and in any Product or Service purchased from us is owned by Genofax® unless otherwise indicated. Any infringement of Genofax®’s rights will result in appropriate legal action.

6.2 Trade Marks

Trademarks and logos displayed on the Website are the property of Genofax® or other third parties. You are not permitted to use any of these trademarks without the prior written consent of Genofax® or that third party.

6.3 Licence

  • (a) To the extent where Genofax® owns the copyright in material published on the Website, Genofax® grants you a licence to copy any of the content published on the Website for non-commercial use only, provided that any copied content from the Website retains all copyright or other proprietary notices of ours and any disclaimer contained thereon.
  • (b) This license is for the sole purpose of enabling you to use and enjoy the benefit of the content provided by Genofax®, in the manner permitted by the Terms.
  • (c) Genofax® disclaims any and all liability which may result from any unauthorised reproduction or use of the information on the Website.

6.4 Linked Websites

  • (a) The Website contains links that enable you to easily access other websites that may be of interest to you. They are provided for your convenience only.
  • (b) While these links may contain helpful information, we do not have control over those sites or their policies regarding privacy and protection of your personal data. When you follow links to other websites we strongly recommend that you read the privacy policies that apply to those sites.
  • (c) The fact that these links exist does not constitute an endorsement of those websites by Genofax®. Genofax® takes no responsibility for the content on or the security of the linked websites (including any products or advertising on them). You agree that Genofax® is not responsible or liable for any loss or damages that you may suffer or incur due to any actions caused by those websites or your use of those websites.

7. TERMINATION

7.1 Termination of the supply of Products

If payment of an Order is not completed or accepted, Genofax® reserves its rights to terminate the delivery of any Order contingent on that payment.

8. DAMAGES

Genofax® reserves all of its rights to recover any loss or damage incurred as a result of your breach of these Terms.

9. PRIVACY

By using the Website and by agreeing to these Terms, you consent to your personal information being collected, used and disclosed in accordance with these Terms and Genofax®’s Privacy Policy.

10. GENERAL

10.1 Severability

By using the Website and by agreeing to these Terms, you consent to your personal information being collected, used and disclosed in accordance with these Terms and Genofax®’s Privacy Policy.

10.2 Governing law

You agree that all matters relating to the use of the Website and purchase of any Products or Services from the Website, including all disputes, are governed by the law of the State of New South Wales and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.

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