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 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 laboratory operated by Consumer Genetics.
1.4 The “Nominated Person” is the person named on the Submission Form to whom the test results will be given.
1.5 The “Service” is the baby gender test offered by the Company and performed by the Testing Laboratory.
1.6 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.
1.7 The “Price” is the price as set out in the current price list for the Company’s Services.
1.8 The “Kits” are the collection kits provided to the Client.
1.9 All agreements on the part of the Client which comprise more than one person or entity shall be joint and several.
COMPANY’S RESPONSIBILITY:
2.1 We will make results available to the Nominated Person within the specified turnaround 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.
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.
2.5 The report will be sent by email to the Nominated Person unless otherwise stipulated.
2.6 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.
2.7 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.
2.8 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.
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 9th week of pregnancy. 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.
3.2 The Client is responsible for collecting and returning the samples in the manner described in the sample collection instructions. If samples reach us but do not meet our requirements, Clients will be advised accordingly. The Client may choose under such cases to:
a) Proceed with non- compliant samples at their own risk. However, no refund will be given should the test fail or provide inconclusive or inaccurate results under these circumstances.
b) The Client may choose to resubmit fresh samples. In this case, a resampling fee can be applied and new kit sent out (see appendix 2 for fees)
3.3 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.
3.4 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.
3.5 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.
3.6 Samples that are sent in by the Client that have signed consent will be immediately processed by the laboratory upon receipt.
3.7 The Client should only enter into contract with the Company if they are willing to be bound by these terms and conditions.
RESULTS
4.1 There are very rare cases where the results of the test contradict the actual sex of the child. The sensitivity of our test means that inconclusive tests are normally due to Clients not following instructions correctly. 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.
4.2 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.
4.3 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 when reporting baby gender. In the case that it can be proven that the result of the GGC test is incorrect, then a full refund will be provided.
4.4 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. Our test is 98% accurate at 10 weeks (from the first day of the last menstrual period). 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 potential chromosomal abnormalities or user error such as contamination with male DNA, taking the test too early or not providing enough blood sample.
4.5 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 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 will be limited to the cost of the Service contracted for.
4.6 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.
4.7 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 or other event beyond its control.
PAYMENTS & REFUND REQUESTS
5.1 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 full refund. If the Kit has already been dispatched then the Client must return the unopened kit and the unused pre-paid pouch to the office and the Company will refund the Client the amount paid less an administrative fee (refer to Appendix 1 for charges).
5.2 If the Client has opened the kit then the Company will refund the amount paid less the open kit fee specified in Appendix 3.
5.3 Once samples have been received back at the laboratory, no refund will be given.
5.4 Once the Client have received our kit, the samples must be returned to us within 8 weeks from date of order. After this period the client’s case folder will be automatically archived. A re-activation fee of will apply to have the case folder reopened (see appendix 3).
5.5 Any refund requests must be made in writing or email to the Company.
5.6 Beginning from the instant a refund request is received by GGC, Clients must leave a period of 2 working days elapse within which we will assess the eligibility of the Client’s claim. All refund requests must be made at latest one month following the birth of the child.
5.7 The Client accepts that results of this test are only for curiosity purposes. If the Company has grounds to believe the result of this test is being used for gender selection, we reserve the right to terminate all communication with the Client. Any requests for a refund will, in this instance, be null and void.
5.8 In the event a refund is agreed to, payments will be made to the person who has requested the test. We do not issue refund payments to third parties.
CLIENT DATA
6.1 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 (see appendix 1).
6.2 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.
6.3 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.
TIME AND DELIVERY
7.1 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 and time shall not be of the essence.
CUSTOMER COMPLAINTS
8.1 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.
8.2 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.
JURISDICTION
9.1 The contract between the Company and the Client, as evidenced by these terms and conditions, is subject to the Laws and courts of the USA, and shall have exclusive jurisdiction in relation to any claim or dispute arising from the contract.
APPENDIX
1. Additional Kits – Local / International (minimum charge)
Australia AUD$ 40.00
New Zealand NZD$ 50.00
Other USD$ 45.00 / USD$ 60.00 (subject to location)
2. Re-sampling Contaminated Samples
Australia AUD$ 125.00 (Standard Samples)
New Zealand NZD$ 140.00 (Standard Samples)
Other USD$ 100.00 (subject to location)
- Covers maximum of two persons for re-testing
- Sample Kit NOT included
3. Reactivation Fee
Australia AUD$ 75.00
New Zealand NZD$ 85.00
Other USD$ 85.00 (subject to location)
4. Cancellation of Order Before Samples Have Been Returned For Analysis
Australia AUD$ 40.00
New Zealand NZD$ 50.00
Other USD$ 50.00 (subject to location)
Reg. Office: 60-66 Hanover St, Fitzroy VIC 3065
Tel:1300 482 165 or 07 3133 3042