In these terms and conditions:
“Content” means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on our Website by us, by you, or by any third party with our consent.
“Services” means the services being provided on, or via, our Website, including the Test.
“Test” has the meaning given under heading ‘Test’ below.
“Website” means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains.
Healius Pathology Pty Ltd trading as Genomic Diagnostics (us, we, and other similar pronouns) provides Customers with genetic testing (Test) in accordance with the offerings on our Website and on the below terms and conditions.
If you use our Website, obtain Services, pay for a Test or do any combination of the foregoing, you agree to all of these terms and conditions on and from that time.
Your use of our Services and the Website
Your access to the Services is on case by case basis. Your details must be provided in full each time you pay for a Test.
You warrant to us that you are, at the time of your use of our Website or receipt of the Services (as applicable):
i) at least 18 years old; or
ii) your legal guardian has consented to your use of the Website or receipt of the Services.
All intellectual property rights vesting in the Content contained on the Website belongs to us. When you visit our Website, we give you a limited licence to access and use information on our Website for personal use.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on our Website without our prior written permission.
The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission.
You may not, either in whole or in part, copy, modify, publish, transmit, transfer, sell, reproduce, derive works from, distribute, perform, display, or in any way exploit any of the Content on or from our Website.
You may not use our name, logos, trademarks, graphics, or other proprietary materials that may be displayed on our Website without our prior written permission.
Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we accept no responsibility for the content and maintenance of, or privacy compliance by, any linked website.
You may not link our Website from another website except only with our prior written permission. Any such linking will be entirely your responsibility and at your expense. You must not:
i) alter any of the Content and you must not frame or reformat any of our pages, files, images, text or other materials; or
ii) portray us or any of our Services in a false, misleading, derogatory, or otherwise offensive manner.
You may not:
i) modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it;
ii) link to our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
iii) download any part of our Website;
iv) collect or use any product listings, descriptions, or prices;
v) collect or use any information obtained from or about our Website or the Content except as intended by these terms and conditions; or
vi) aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by these terms and conditions or as is reasonably necessary for your use of our Website.
When you pay for a Test through our Website, your payment is an offer to purchase the Test. Nothing that is said, written or done by us is an acceptance of an offer until we perform the Test.
At any time before the Test is performed, we may decline (without providing reasons) to perform the Test. If we do so, we will cancel your Test and refund your payment. For the avoidance of doubt, our cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between you and us.
We may vary the Test and/or these terms and conditions in whole or in part, at any time and for any reason. You may at any time before the Test is performed, cancel your Test where you do not agree with any changes we have made. If you do not cancel your Test, you will be deemed to have accepted the Test and/or the terms and conditions as varied.
Where your Test has been requested by your medical practitioner, the results will be provided to that practitioner. You agree that we are under no obligation to provide those results to you directly or any other person.
Where Test results are provided to you (or your nominee) directly, you agree to them being supplied by an appropriate means of our choosing, such as password protected email or hard copy to your nominated address.
The provision of your information to us
You warrant that the information that you provide to us is true and accurate, and not misleading, at the time that you provide it to us.
Prices and payment
All prices for the Test that you pay for are as set out on our Website.
Our prices for the Test may be changed by us at any time. The price for your Test is fixed once you have paid for the Test.
We are entitled to withhold the results of a Test until payment has been received.
If we owe you money (including if you are entitled to a refund following cancellation of your Test) we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
Cancellation and refund policy
You may cancel your Test at any time before it is performed. If your Test has already been performed, you may request that we withhold the results.
If you validly cancel your Test, we may elect to refund some or all of the price.
To cancel your Test (or request that results be withheld), please email [email protected] or call 1800 822 999.
For the avoidance of doubt, the cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between us.
Warranties and Statutory Rights
Legislation including but not limited to the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations, may confer on you rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these terms and conditions. Except for your Statutory Rights, we expressly exclude all guarantees, conditions and warranties implied by custom, law, regulation, or statute. Except to the extent provided in your Statutory Rights, our Services, and all other material and work (including the Content), is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
To the extent we are unable to exclude liability (including if you have the benefit of Statutory Rights), our total liability for loss or damage you suffer or incur in connection with the Services, is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates.
To the maximum extent permitted by law, we are not liable for special, indirect, consequential, incidental or punitive damages (including but not limited to damages for loss of profits or loss or corruption of data), whether in contract, in negligence, under statute or otherwise, regardless of whether such loss or damage was foreseeable.
To the maximum extent permitted by law, our liability to you is reduced to the extent that your acts or omissions (or those of a third party) cause or contribute to the loss or liability.
Disclaimer and Indemnities
All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded to the extent permitted by law.
Use of our Website is at your own risk. To the maximum extent permissible by law:
i) we do not make any, and we exclude all express or implied warranties, representations, statements, terms and conditions relating to any of the Content available or your use of our Website; and
ii) we will not be liable for any losses or damages whatsoever, whether in contract, in negligence, under statute or otherwise, arising out of or in connection with the Content or your use of our Website.
You agree to indemnify us against all costs, claims and expense we suffer, or could suffer, arising directly or indirectly from any or all of the following:
i) a collection or testing centre being unable to undertake some or all of your tests;
ii) any injury you suffer during, or as a result of, any test (including but not limited to bruising, infection or localised pain);
iii) you attending an unauthorised collection or testing centre;
iv) your failure to act on our advice or recommended course of actions;
v) your failure to disclose or discuss your test results (in whole or in part) to a GP or other medical professional;
vi) a contractual, negligence or other claim arising from your use of the Services or our Website (including the Content);
vii) a breach of the intellectual property rights of any person;
viii) your breach of these terms and conditions;
ix) your unauthorised use of pathology request forms;
x) your disclosure of health information to us;
xi) any act, neglect or default by any agent, employee, licensee or customer of yours; and
xii) your failure to comply with the law of any country,
(a) except to the extent that such costs, claims or expense comprises a payment or other remedy to which you are entitled pursuant to your Statutory Rights.
Force Majeure and matters beyond our reasonable control
There may be instances where we may not be able to perform certain or all obligations that we have agreed to because of something beyond our reasonable control, which may include (but is not limited to): lightning, flood, severe weather, fire, explosion, terrorist activities, epidemics, pandemics, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware or software problems, or other acts, events or omissions outside of our control that affect our capacity to perform certain or all obligations that we have agreed to in these terms and conditions. There may also be other reasons, not expressly set out here. In these cases, and subject to your Statutory Rights, you irrevocably and unconditionally agree that we do not have any responsibility or liability for not providing you with the Services, or for us failing to meet our intended obligations.
These terms and conditions contain the entire agreement between you and us, and supersede all previous agreements and understandings between you and us. You acknowledge and agree that that, in entering into the agreement comprising these terms and conditions, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use our Website in any way and make a payment on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that Services advertised on our Website are available.
If in future, you purchase Services from us under any arrangement which does not involve your payment via our Website, these terms and conditions will apply to that purchase and those Services so far as they can be applied and subject to any provision to the contrary in, or any inconsistent terms of, any subsequent agreement between you and us entered into in connection with that purchase.
If any of these terms and conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms and conditions.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
This agreement will be interpreted under and governed by the laws of New South Wales and the parties to this agreement submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with this agreement.
A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
By using our Website, obtaining Services or paying for a Test, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.
References in these terms and conditions to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
The headings to the paragraphs to these terms and conditions do not affect the interpretation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
If there is any conflict between these terms and conditions and any other terms and conditions on our Website, these terms and conditions will prevail.
Leading the way to improved health
results in the shortest turnaround time.