1 DEFINITIONS:
1.1 The “Company” is Genetic Technologies Limited trading as EasyDNA Australia or Genetic Technologies Limited (ABN: 17 009 212 328).
1.2 The “Client” is a private client ordering the Company’s DNA profiling services, who neither enters into the Contract with the Company in the course of a business, trade, profession or public service etc, nor holds themselves out as doing so.
1.3 The “Testing Laboratory” is the partnered laboratory operated by Genomics For Life.
1.4 The “Nominated Person” is the person named on the Submission Form to whom the test results will be given.
1.5 The “Sampler” is the person who collects the samples.
1.6 The “Service” is the applicable prenatal or molecular/clinical test offered by the Company and performed by the Testing Laboratory.
1.7 The “Order for Services” is the placing of an order for the Company’s Services, whether the order is made in person, by telephone, letter, electronic mail or any other method.
1.8 The “Price” is the price as set out in the current price list for the Company’s Services.
1.9 The “Kits” are the collection kits provided to the Client.
1.10 All agreements on the part of the Client which comprise more than one person or entity shall be joint and several.
2 COMPANY’S RESPONSIBILITY:
2.1 We will make results available to the Nominated Person within the specified turn-around time commencing from the arrival of the samples at the Testing Laboratory.
2.2 Upon confirmation of the Order for Services the sample collection kit will be sent to the Client to the address provided at time of order. The kit will contain all the necessary items to complete the sample collection including blood collection tubes and or mouth swabs, instructions and the required submission forms.
2.3 If through no fault of the Client, the Kit sent to them or to their Sampler is damaged on arrival, a new one will be supplied by the Company free of charge.
2.4 The Company is not responsible for any delays in the arrival of the kit to the client due to local postal or courier service. Please allow between 1-4 business days transit time for your samples to reach the Lab depending on your location.
2.5 The Company offers a Prenatal Paternity Test developed by the Testing Laboratory of which performance has been validated for single pregnancies only.
2.6 The report will be sent by email to the Nominated Person unless otherwise stipulated. If requested the Company will also send a hard copy of the results by postal mail at an additional fee.
2.7 The Company reserves the right to issue results to and/or to discuss results with all persons tested where the Nominated Person or other authorised person has failed without reasonable excuse to pass on the results to those tested.
2.8 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.
2.9 Any action taken by any parties concerned following the results are of no fault of the Company. The Company will not assume responsibility for any such actions.
2.10 The Client understands and accepts that whilst the particular testing that the Testing Laboratory undertakes is highly accurate, as with any testing there is a small possibility of inconclusive results or inability to produce a result. This is due to either insufficient fetal DNA being obtained, or situations in which it is not possible to determine paternity (see ‘exceptional cases’ under section 5).
2.11 The Client understands and accepts that the testing is being done by the Testing Laboratory and therefore the responsibility for the accuracy of the result lies with the Testing Laboratory. The Client therefore accepts that in the event of any potential error in the result issued by the Testing Laboratory, it will exempt the Company from any liability and will not seek remedy from it unless there has been any material negligence by the Company.
3 CLIENT’S RESPONSIBILITY:
3.1 The Client is responsible to ensure they are eligible to take the test and that they are in or past the recommended Gestational Age for the test they have selected (NIPPT: 8 weeks +, GENDER/NIFTY: 10 weeks +). Pregnancy or ‘Gestational Age’ begins on the first day of the last menstrual period.
3.2 The Client is responsible to ensure that in the case where the alleged fathers are potentially relatives in that they are either members of a small tribe or minor ethnic group, then both alleged fathers are submitted for testing. The Client is also responsible to advise the Company accordingly.
3.3 The Client is responsible for collecting and returning the samples in the manner described in the sample collection instructions. Any incomplete or non-compliant samples will be subject to retesting fees (see point 4).
3.4 The Client is responsible for returning the blood samples as early as possible after collection, preferably the same day as the appointment and NO LATER than the day following the appointment for blood collection. The Client must liaise with the courier company to collect their samples and preferably in advance of the collection date to avoid possible delays. The Client must use the pre-paid pouch for the return of the samples.
3.5 The Client is responsible for ensuring the return of the required documents provided in the sample collection kit. Where these documents are not returned duly completed, the Company will be unable to comply with its obligations under these terms and conditions and in this event the Company shall have no further liability to the Client until or unless the documents are provided.
3.6 If as a result of a failure on the part of the Client (or Sampler) to return the required documents, the Company is obliged to cancel the Order for Services, then no refund will be given.
3.7 Should the client request an additional kit to a different address then a fee will be applicable (refer to Appendix 1 for charges).
3.8 The Client is responsible for ensuring that the Nominated Person is aware of the need for confidentiality and should disclose contents only to persons authorised by the Client.
3.9 The Client understands that any costs incurred for the collection of the blood samples is at their expense.
3.10 All samples that are sent in by the Client that have signed consent will be immediately processed by the laboratory upon receipt. In the event of samples sent over and above the original order, additional payment will have to be settled prior to the release of the results.
3.11 The Client should only enter into contract with the Company if they are willing to be bound by these terms and conditions
4 RETESTING
4.1 Taking Test too early: In order to increase the chance of being able to provide a result, customers must take the test on or past the recommended Gestational Age for the test they have selected (NIPPT: 8 weeks+ or GENDER/NIFTY: 10 weeks+). Pregnancy or ‘Gestational Age’ begins on the first day of the last menstrual period. This ensures that enough cell-free fetal DNA is present in the expecting mother’s circulatory system to produce usable data. In the event that the client provides false information regarding their gestational age, the Client will not be eligible for a refund.
4.2 Insufficient DNA: Should the mother’s sample provide insufficient fetal DNA for reliable analysis, then no conclusion regarding paternity will be possible. In such cases a second blood draw and analysis later in the pregnancy is recommended. If the samples provided by the alleged father(s) fail to generate a DNA profile due to insufficient DNA or a contaminated sample, re-sampling will need to be re-submitted. The Company will perform the second test free of charge except for an administration and new kit fee (refer to Appendix 4 for charges).
4.3 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 d) with the wrong number of mouth swabs e) with incorrectly or insufficiently labelled samples; will not be tested. If re-sampling is required, the client will incur a shipping and administrative fee for a replacement kit (refer to Appendix 1 for charges).
5 RESULTS
5.1 Results in most cases are conclusive and will confirm if an alleged father is the biological father of the child or not.
5.2 The Client understands and accepts that in some exceptional cases the laboratory may be unable to determine paternity and obtain a conclusive result. This happens when the statistical value obtained for the tested alleged father is indeterminate regarding paternity, meaning he can be neither included not excluded as the biological father of the child. In these cases the Company will provide a refund to the Client for the laboratory testing less an administrative fee (refer to Appendix 3 for charges).
5.3 The Client understands and accepts that if the alleged fathers are related, or from the same small ethnic minority group, then failure to supply the sample of both fathers may lead to an incorrect result.
5.4 The Client 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 here-under 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 will be limited to the cost of the Service contracted for.
5.5 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.
5.6 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 systems or network access, fire, explosion, terrorism, sabotage, courier/ postage delay or other event beyond its control.
6 PAYMENT, CANCELLATION AND REFUND POLICY
6.1 The Company will not commence testing until full payment has been received for the test.
6.2 If a Client wishes to cancel the Order for Services, BEFORE the kit has been dispatched and WITHIN the statutory seven day cooling off period from the confirmation of the Order of Services, they can request in writing a refund. If the Kit has already been dispatched then the Client must return the unopened kit and the unused pre-paid post or courier pouch to the office and the Company will refund the client the amount paid less an administrative fee (refer to Appendix 3 for charges).
6.3 Once samples have been received back at the laboratory, no refund will be given.
6.4 In the event of a miscarriage, the company will refund 50% of the total test cost. If the client has only paid the deposit for the test, then no refund will be given. The request for a refund must be put in writing, supported by a medical report. Such refunds can only be considered PRIOR to samples arriving at the laboratory.
6.5 Should the client be unable to find a clinic, nurse, or doctor to collect the required blood samples, no refund will be given after the seven day cooling period. Any exceptional cases that are not listed in our refund policy will be considered on an individual basis and at management’s discretion.
6.6 The Client has 8 weeks from date of order to return their samples to the laboratory. After this period the case folder will be automatically archived and a re-activation fee will apply (refer to Appendix 2 for charges).
7 CLIENT DATA
7.1 Under the applicable data protection law, the Company will only obtain, use, process and disclose personal information about the Client in order that it may discharge 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 by them on payment of an administrative fee.
7.2 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.
7.3 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. The Company, where possible, will ensure these entities have satisfactory data protection policies in place and that the countries to which the data is being transmitted are covered by adequate data protection laws and frameworks.
8 TIME AND DELIVERY
8.1 Dates given by the Company for the reporting of results are for guidance only and are not of the essence of the contract, and the Company shall not be liable to the Client for any loss or damage directly or indirectly caused by a delay. Third parties may delay delivery of products or services. The Company shall not be liable for any delay in the delivery of the Services.
9 CUSTOMER COMPLAINTS
9.1 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.
9.2 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.
10. JURISDICTION
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 New Zealand, and shall have exclusive jurisdiction in relation to any claim or dispute arising from the contract.
APPENDIX
1) Additional and Replacement Kits
AU AUD $85.00
NZ NZD $110.00
UK GBP£ 60.00
Europe EUR€ 70.00
USA USD$ 80.00
Canada CAD$ 80.00
South Africa ZAR 900.00
Other USD$ 100.00 (subject to location)
2) Reactivation fee (for re-activating expired case)
AU AUD $85.00
NZ NZD $110.00
UK GBP£ 100.00
Europe EUR€ 150.00
USA USD$ 200.00
Canada CAD$ 200.00
South Africa ZAR 1800.00
Other USD$ 200.00 (subject to location)
3) Administration fee (for refunds)
AU AUD $250.00
NZ NZD $300.00
UK GBP£ 150.00
Europe EUR€ 200.00
USA USD$ 250.00
Canada CAD$ 250.00
South Africa ZAR 1500.00
Other USD$ 250.00 (subject to location)
4) Re-Collection fee including kit
AU AUD $150.00
NZ NZD $170.00