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.
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.GENEPATHPATHLABS.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
You acknowledge and agree:
Upon receipt of an Order from you, in return for the Fee, We shall provide the following Services to You:
All refund rights under both State and Commonwealth law apply.
Any refund will be provided using your original payment method.
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 sent you the DNA Home Test Kit, you will be entitled to a refund of $850.
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.
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.
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.
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.
We guarantee that the Services will be:
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.
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.
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.
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.
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.
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.
Our website and services and any personal information of any third parties that we may be provided with from time to time.
Scitex Global Pty. Ltd. trading as Genepath and genepathlabs.com.au respects the privacy and confidentiality of the information provided and adheres to the Australian National Privacy Principles.
You may change your details at any time by advising us in writing via email. All personal information we receive is protected by our secure server. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all client data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
In order to provide you with our services, we require the collection of personal information which may include sensitive personal information. This may consist of name, address, contact details, date of birth, health, medical, injury or illness, work history and other personal information (“Personal Data”).
Any Personal Data we collect during our business transactions will only be used as required in order to provide our Services including where required to scientific or medical experts in order to provide clients with an assessment, report, opinion or other advice. In all transactions and handling of Personal Data, we are committed to full compliance with all National Privacy Principles requirements. We ensure that our clients and anyone we pass the Personal Data onto, in order to provide our services is under a similar duty of compliance in accordance with the Privacy law.
We also may collect Personal Data about you in order to be able to provide you with our services. We may collect your name, address, professional and other information as necessary to provide our services.
We receive and store Personal Data and any personal information you enter on our website, provide physically or give us in any other way from time to time in a secure manner. We are committed to the protection of Personal Data and use all reasonable measures to ensure all Personal Data is kept secure at all times.
We ensure all physical and electronically held Personal Data is kept in a secure manner that is only accessible to persons who are authorized and who have agreed to the same or similar duty as prescribed by the Australian National Privacy Principles.
Destruction of all Personal Data is done in a secure manner to ensure deletion and de-identification of information. We regularly review and delete or destroy Personal Data that is no longer required, out of date or as otherwise required by law or regulation.
Any non-personal information, communications and material you send to this website, to us by email, provide physically or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing, marketing products or to improve our services.
In order to provide the services, we need to disclose Personal Data and information to the medical and scientific professionals who will be making an assessment and report. We may, from time to time, be required to provide your Personal Data to a patient’s own healthcare provider or as required by law. They are under the same duty of confidentiality as we are and are bound by the National Privacy Principles.
We may be required to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data where required, to protect the rights, property or safety of Scitex Global Pty. Ltd trading as Genepath and genepathlabs.com.au, its employees, customers, or third parties.
We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in Personal Data or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased.
We may however use your information in a general sense, without any reference to your name, to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website is maintained and we periodically update our security measures in light of current technologies.
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
If you want to know what Personal Data we hold about you or make any changes to your details, please write to us at: Suite 302B, Level 3, 7 Help Street, Chatswood NSW 2067, Australia.
By providing Scitex Global Pty. Ltd trading as Genepath (“us”, “we”, “our”) with this personal information, you acknowledge and agree the following:
We only collect the information we need in order to perform our testing services (“Services”). We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled including all your health details which are sensitive information. We will not disclose your personal information without your 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.
The personal information you are providing is true and correct at the time you are providing it to us. You will notify us with any changes and keep it updated on a regular basis while you are using our Services. You can access your personal information by request at any time.
We keep your personal information secure and do not use it for any purposes unrelated to our services. All our employees and any staff who may have access this personal information are under a strict duty of confidentiality and privacy practices are adhered to. Please note: we securely destroy all your personal information if you have ceased using Services.
From time to time, we may use your personal information to contact you in relation to information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and be removed from any further marketing or information we may send.